234 results for 'cat:"Zoning"'.
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
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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. 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. 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
J. Sacks finds that a board of health’s order to the owner of an asphalt plant to cease and desist its operation is valid and reverses a judgment nulling the order. While the prior judge determined that the order was arbitrary and capricious because the board failed to provide evidence that the odor produced by the plant is injurious to the public health, the board has the authority to treat the plant as a public nuisance after residents in proximity to the plant complained of the intense odor, dizziness and eyes burning and watering. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: April 12, 2024, Case #: 23-P-629, Categories: Environment, Municipal Law, zoning
J. Orme finds that the district court properly upheld a city's denial of a retail tobacco specialty business license. The legislature delegated licensing authority to the city and statute forbids the operation of a retail tobacco specialty business without a license. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: April 11, 2024, Case #: 20220101-CA, Categories: Municipal Law, zoning
J. Clement finds the lower court improperly vacated a decision by the Board of Fire and Building Code Appeals of the Metropolitan Government of Nashville and Davidson County (the Board), regarding a landowner’s proposal to build an auto repair shop on undeveloped land. The land did not have a water source that would satisfy fire code requirements, so the landowner sought a variance and submitted a proposal to construct a 20,000 gallon tank on the property along with a dry fire suppression system inside the building, but the Board rejected it over concerns for the safety of people and firefighters. The lower court found the Board failed to distinguish the request for a variance from an appeal, vacated the Board’s finding and remanded the matter for further consideration. The instant court disagrees with the lower court’s findings and remands the matter to have the Board’s ruling reinstated. Reversed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: April 11, 2024, Case #: M2023-00113-COA-R3-CV, Categories: Construction, Municipal Law, zoning
J. Sutton finds that the lower court properly found for the zoning commission in a dispute over its handling of a plot amendment application to permit construction of a new home without a 25-foot setback requirement. The challenger has not demonstrated genuine issues of material fact remain in dispute that prevent the entry of summary judgment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: April 9, 2024, Case #: WD86307, Categories: zoning
J. Zahra finds that the airport zoning board was improperly required to grant variances for the construction of eight wind turbines near the airport because the variances were contrary to the public good by creating a risk for planes. Reversed.
Court: Michigan Supreme Court, Judge: Zahra, Filed On: April 9, 2024, Case #: 164261, Categories: Transportation, zoning
J. Wood finds the lower court properly found in favor of the Secretary of Transportation in this matter concerning the building of the Obama Presidential Center (OPC) in Jackson Park in Chicago. This is the fourth in a series of complaints from the group about the construction of the center on city parkland. The lower court found the project, which is under construction and slated for completion in 2025, does not violate any laws or ordinances. The instant court finds the current case mirrors that of its previous complaint, and brings forth no new information or argument, making it a matter that has already been decided in prior litigation. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 8, 2024, Case #: 22-3190, Categories: Construction, Municipal Law, zoning
J. Seibel denies a hotel’s motion to stay the court’s remand order in this matter of alleged violations of municipal code and zoning law. A town sued a hotel for violating construction and zoning laws arising out of a plan to use the hotel to house asylum seekers for a period of four months. The town filed a motion for the matter to be remanded to state court, which was granted, but the hotel argues the matter is under federal jurisdiction as it is a civil rights matter. The instant court finds the hotel has not presented sufficient evidence to support granting a stay.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: April 8, 2024, Case #: 23cv4212, NOS: General - Habeas Corpus, Categories: Civil Rights, Municipal Law, zoning
J. Sullivan finds that the district court properly dismissed claims that changes to village zoning law that make it easier to site Orthodox Jewish places of worship in neighborhoods violate the establishment clause by promoting religion because individual plaintiffs could show standing as municipal taxpayers harmed by a loss of village revenue attributed to the new zoning law, and the citizens' group lacked associational or organizational standing to sue. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: April 5, 2024, Case #: 22-2710, Categories: Constitution, zoning
J. Thomson finds that the lower court properly upheld the zoning board's decision to grant the company a special use permit for the construction of a self-storage facility. The law does not require the board to deny a special use permit if the minimum infrastructure requirements are not met. Rather, it has the discretionary authority to grant the permit regardless of whether all infrastructure requirements are adequately in place.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: April 2, 2024, Case #: WD86182, Categories: zoning
J. Collins finds that the trial court improperly dismissed a farm's motion seeking a writ of certiorari after the city of Greenville granted a special use permit to allow the construction of a firearm range because the city waived the opportunity to claim a procedural defect due to the fact that the farm incorrectly named the city in the complaint. Reversed.
Court: North Carolina Court of Appeals, Judge: Collins, Filed On: April 2, 2024, Case #: COA23-662, Categories: Civil Procedure, Property, zoning