230 results for 'cat:"Zoning"'.
J. Desmond finds that the lower court properly granted summary judgment in favor of a zoning board of appeal, which issued a special permit to a company to build a three-story research and development facility. The owner of property abutting the proposed facility fails to show how its concerns about its property value being diminished relate to public interests rather than just its own. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Desmond, Filed On: May 31, 2024, Case #: 22-P-1154, Categories: Municipal Law, Property, zoning
J. Heavican finds the district court properly enjoined the property owners from building a new feedlot. County zoning regulations require the owners to obtain a conditional use permit because the new feedlot is adjacent to other livestock feeding operations. Though the owners argue that the operations at question are not physically adjacent to one-another, “adjacent,” as used within the zoning regulations, is defined as “near to or in the vicinity,” which is unambiguous. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: May 31, 2024, Case #: S-23-524, Categories: Environment, Property, zoning
J. Kamins finds the Land Use Board of Appeals (LUBA) properly affirmed the city’s adoption of two ordinances implementing the Kingston Terrace Master Plan. LUBA determined that the city complied with ordinance language requiring it to work with the easement holder to minimize impacts. Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 30, 2024, Case #: A183674, Categories: zoning
J. Kamins finds that the trial court properly declined a waiver so that petitioners can develop the subject property with nine homesites, rather than the five that are currently authorized. The exception applies “if the land use regulation was enacted for the protection of public health and safety, not if the development of a particular property within the overlay zone must be restricted for reasons of public health and safety.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 30, 2024, Case #: A179047, Categories: zoning
J. Schutz finds the board of county commissioners properly denied the park district's request for inclusion of additional land and residential developments already included in an adjacent park district. The adjacent district already provides environmental and recreational services to the population inside the territory, while the creation of an overlapping district would include excessive taxation and defeat the purpose of legislation used to create the park districts. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: May 30, 2024, Case #: 2024COA62, Categories: Property, Real Estate, zoning
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J. Turner finds that the lower court properly dismissed the residents' challenge to the zoning board's approval of a conditional use permit to a wind farm, granting a height variation to accommodate wind turbines. The residents were not denied due process, even if they only found out about the zoning board hearing two weeks beforehand. The record shows that the residents had a meaningful opportunity to be heard, as the notice of hearing had been on file for quite some time. Affirmed.
Court: Illinois Appellate Court, Judge: Turner, Filed On: May 29, 2024, Case #: 230726, Categories: Energy, zoning, Due Process
J. Chen dismisses a home builder’s due process and selective enforcement complaint which alleges a Long Island village unlawfully denied his application for a variance to build a roof on his new garage which would exceed the village’s height limit, in part because of his vocal support for former President Donald Trump. The court finds he does not have a protected interest in the variance and he fails to allege that he was treated differently from others in similar situations.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: May 23, 2024, Case #: 2:22cv4674, NOS: All Other Real Property - Real Property, Categories: Civil Rights, zoning, First Amendment
J. Salter finds that the circuit court improperly reversed a Turner County Board of County Commissioners decision to deny an application to rezone agricultural land into lake residential district. The County Board was within its authority when it denied the rezoning application. Reversed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: May 22, 2024, Case #: 2024SD28, Categories: Property, zoning
J. Diaz finds the lower court properly granted judgment to the homeowner. The owner and the county have been embroiled in litigation over whether her large vacation home, boasting 24 bedrooms, 25 bathrooms, and a pool, complies with county and state zoning requirements. A recent amendment to North Carolina’s state zoning law meant the home now complies with county and state requirements. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 17, 2024, Case #: 22-1785, Categories: Property, zoning, Housing
J. Mendheim finds the circuit court improperly denied a city’s motion to enforce consent decrees against an advertising company that failed to remove its billboard for violating zoning rules. The company failed to give a legitimate basis to not enforce the terms of the consent decrees. Reversed.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: May 17, 2024, Case #: SC-2023-0657, Categories: Communications, Government, zoning
Per curiam, the Supreme Judicial Court of New Hampshire reverses an order upholding the determination that two owners of a trailer are not allowed to rent out their travel trailer for short term occupancy. The plain language of the relevant zoning ordinance allows such short-term occupancy rentals. Reversed.
Court: New Hampshire Supreme Court, Judge: Per curiam, Filed On: May 14, 2024, Case #: 2023-0189, Categories: Municipal Law, zoning, Housing
J. Wicks grants a Long Island village’s motion to stay discovery pending the outcome of its motion to dismiss in a case over land-use rights. A resident alleges the village violated his constitutional rights when it deliberately delayed his subdivision application for over five years. The court agrees with the village’s argument that its motion to dismiss will most likely be successful, primarily on the basis that the claims are time-barred.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 8, 2024, Case #: 2:23cv4249, NOS: Other Civil Rights - Civil Rights, Categories: zoning, Discovery
J. Schroeder remands this zoning dispute in which a group of property owners claim that the rezoning of a nearby lot in order to build a school violates their Second Amendment rights and state laws. The owners allege that based on state law, they would not be permitted to carry firearms on a private lane — which is their only entrance and exit to a public road — that divides the rezoned property. The parties request the court to use supplemental jurisdiction because, they argue, the state claims are similar enough to the Second Amendment claim that it is warranted. However, because the court does not have original jurisdiction over any of the claims, it cannot use supplemental jurisdiction and the claims must be remanded for a lack of subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: May 7, 2024, Case #: 1:23cv797, NOS: Other Civil Rights - Civil Rights, Categories: Property, zoning, Jurisdiction
J. Prata finds that the trial court properly granted the town summary judgment in claims contending the town was not authorized to review a major land development application because a town resident failed to establish standing or grounds to challenge the ruling, and failed to raise claims that the town engaged in illegal contract zoning in the superior court. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: May 7, 2024, Case #: 22-326, Categories: Civil Procedure, zoning
J. Reynolds Fitzgerald finds that the lower court properly held that the town had authority to permanently bar junkyards on four parcels zoned rural residential. Nonconforming uses generally may continue following zoning alterations in the event that pre-existing use had been legally permitted, but the property owner failed to demonstrate the town had awarded a license allowing the junkyard to operate, and selective enforcement did not occur. However, monetary penalties should be recalculated and reduced to $296,500. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: May 2, 2024, Case #: 535723, Categories: zoning
J. Douglas finds that the lower court properly granted partial summary judgment to the neighboring property owner in this dispute involving "a contract zone agreement" that would have allowed for development of certain real property. The 2017 agreement was rendered null and void pursuant to a certain permit deadline. The 2021 agreement is also void based on the city's violation of its contract zoning ordinance. Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: May 2, 2024, Case #: 2024ME32, Categories: Real Estate, zoning
J. Tookey finds the Land Use Board of Appeals erred in determining that The Confederated Tribes of the Warm Springs Reservation of Oregon did not preserve its right to appeal over issues related to a new business development. “Board had fair notice of the Tribe’s assertion that an evaluation of the ‘no net loss’ standard implicated consideration of the Tribe’s treaty-protected fishery resource.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 1, 2024, Case #: A183421, Categories: Native Americans, zoning, Water
J. Cabell denies a mayor’s motion for judgment as a matter of law, or alternatively a new trial, related to a verdict in favor of a developer on the developer’s contractual interference claim against the mayor, after city officials denied the developer permits he needed to develop a subdivision of homes. The mayor claims the use of the word “or” in the verdict form makes it unclear which contract he is determined to have interfered with, but the mayor raises this argument too late and had the opportunity to have done so earlier.
Court: USDC Massachusetts, Judge: Cabell, Filed On: May 1, 2024, Case #: 1:16cv11575, NOS: Other Civil Rights - Civil Rights, Categories: Municipal Law, Real Estate, zoning
J. Lagesen finds the Land Use Board of Appeals erred in remanding Jefferson County’s decision approving a property owner's application for a comprehensive plan map amendment and zone change. The property owner's application did not ask the county to add its land to the designated unincorporated community in the comprehensive plan or to alter the boundaries of the existing unincorporated community. Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 1, 2024, Case #: A182390, Categories: zoning
J. Hurst finds a lower court properly dismissed a property company's motion for judicial review concerning a city's denial of a development application. The property company argued that it was entitled to construct a luxury residential development on 29 acres in close proximity to a highway. However, the city sufficiently showed in court that the application did not meet the three- fourths majority vote to approve the development, and that it has discretion to deny applications that are for rezoning efforts that do not conform to local ordinances. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Hurst, Filed On: April 26, 2024, Case #: 125734, Categories: Construction, Property, zoning
[Consolidated.] J. Moll finds the lower court erroneously sustained the adjacent property owner's appeal of the township's approval of a subdivision redevelopment without an environmental impact assessment. The relevant zoning procedures require only a developer submit a request for such an assessment, not that one be completed. The assessment company failed to complete the assessment as it was developing new procedures, and because the zoning laws allow the zoning commission to act without a submitted assessment, it was not improper to approve the redevelopment project. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: April 26, 2024, Case #: AC46146, Categories: Environment, Property, zoning
Per curiam, the court of appeals finds that the lower court properly granted the township summary judgment in claims seeking a voter referendum regarding the decision to grant a developer a rezoning ordinance because technical deficiencies contained in the petition were cured when voters rejected the ordinance. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: April 25, 2024, Case #: 367925, Categories: Civil Procedure, Municipal Law, zoning
J. Garrett finds the Energy Facility Siting Council properly granted a site certificate allowing a company to construct a wind energy facility in Umatilla County. “Compliance with local land use regulations is one way for a facility to demonstrate compliance with statewide planning goals, but it is not the only way.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: April 18, 2024, Case #: S070517, Categories: zoning
J. Peterson denies a business owner’s motion for preliminary injunction. Two lawsuits are in play over the use of a particular piece of city-owned land: one is pending and there is the instant matter. The instant court finds there is significant overlap in the two cases and the instant matter should be combined with the first lawsuit. The instant court issues an order to consolidate and denies the business owner’s motion for preliminary injunction.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 15, 2024, Case #: 24cv135, NOS: All Other Real Property - Real Property, Categories: Real Estate, zoning
J. Belsome find that the trial court properly upheld the Vieux Carre’ Commission’s denial of a property owner’s proposal to modify its building in the French Quarter. In this case, the commission’s recommendation was based on preserving the “tout ensemble” of the historic property with its original architectural features. The commission’s guidelines require “the stoop or stairs be retained at each historic door entrance even if no longer in use.” Since the commission decided to preserve the distinctive character of the French Quarter, the denial of the permit to modify the building is reasonable and not arbitrary. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: April 15, 2024, Case #: 2023-CA-0613, Categories: Property, zoning