6 results for 'cat:"Civil Rights" AND cat:"Property" AND cat:"Zoning"'.
J. Osteen grants a municipality’s motion to dismiss allegations that a new ordinance that puts limitations on short-term rentals is in violation of the state constitution. A couple who owns a short-term rental property in the municipality brings this action. Because the couple also has an underlying suit pending in state court, this action is dismissed, but the couple can bring a new action after the state suit has resolved.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 29, 2024, Case #: 1:22cv102, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property, zoning
J. Kugler allows a developer to continue certain claims contending the borough wrongfully denied an application to transfer a financial agreement of a property because evidence did not indicate that the other company acted "in conjunction" with the borough to deprive the developer of a constitutional right. However, the adjacent property owner's request for a variance likely violated the terms of the parking lot agreement.
Court: USDC New Jersey, Judge: Kugler , Filed On: December 24, 2023, Case #: 1:22cv3177, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property, zoning
J. Gonzalez enters summary judgment in favor of the town of Oyster Bay on claims that alleged several town officials engaged in a racially discriminatory scheme to prevent two residents from using their property as a two-family home on the basis that the owners are both people of color. Evidence produced during discovery shows the town had enforced its zoning regulations against 27 residential properties within only three-tenths of a mile from the litigants’ own property, some of which were cited for the same violations, undercutting the core of the litigants’ allegations that their actions were racially motivated.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 29, 2023, Case #: 2:11cv6084, NOS: Housing/Accommodations - Civil Rights, Categories: civil Rights, property, zoning
J. Mollway partially grants summary judgment on a religious discrimination claims by a temple that seeks a permit to operate a commercial wedding business on agriculturally zoned land. The denial of the permit fails strict scrutiny analysis as Maui Count does not show that the denial was based on any narrowly tailored law with compelling government interest.
Court: USDC Hawaii, Judge: Mollway, Filed On: August 11, 2023, Case #: 1:14cv535, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property, zoning
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J. Schreier grants the county's motion to dismiss in part in a matter arising from a dispute over an agriculturally zoned property. The property owner and property renter sought to use the property for large events including weddings, family reunions and other large social events. The owner and renter further allege that, over the course of over two years, the county threatened them with fines, injunctions and investigations. A number of claims survive because absolute prosecutorial immunity is limited to claims for money damages.
Court: USDC South Dakota, Judge: Schreier, Filed On: July 31, 2023, Case #: 4:22cv4124, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property, zoning