228 results for 'cat:"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
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
[Consolidated.] J. Goldman finds that the trial court improperly granted a shooting range's motion to strike allegations that it had violated its lease with a city by demolishing and rebuilding its facility. It also erred in sustaining the range's demurrers on a neighbor's Environmental Quality Act and zoning claims. Reversed.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: March 29, 2024, Case #: A165345, Categories: Environment, Property, zoning
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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. Hoffstadt finds that the trial court properly rejected a facial challenge to the constitutionality of legislation granting cities and counties some discretion to preempt local law in order to increase housing density on a parcel-by-parcel basis. The legislature can supersede local zoning and land use law to address matters of statewide concern, such as a housing shortage. The legislation's preemption of local housing density caps is limited and does not run afoul of voter initiative rights. The legislation permissibly delegates the legislature's preemptive power to local legislative bodies. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: March 28, 2024, Case #: B321875, Categories: Preemption, zoning, Housing
J. Waterman finds that the lower court properly dismissed challenges a bar owner brought against a city ordinance following revocation of its conditional use permit for noise complaints because the city did not engage in illegal spot zoning, and Iowa Code Chapter 123 allows municipalities to regulate bars through zoning, noise restrictions, and other health and safety measures. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: March 22, 2024, Case #: 22-0473, Categories: zoning
J. Acree upholds the city commission’s decision to rezone a former country club to allow for residential development because adjacent homeowners waived their argument that the commission’s process did not comply with KRS 100.209 by failing to bring the claim before the planning commission. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: March 22, 2024, Case #: 2022-CA-0144-MR, Categories: Civil Procedure, zoning
[Consolidated.] J. Thompson upholds the zoning commission's approval of a planned-unit development application. Upon remand from the court of appeals, the commission sufficiently explained its reasoning, specifically addressed racial equity issues and considered the existing community when approving the application. Affirmed.
Court: DC Court of Appeals, Judge: Thompson, Filed On: March 21, 2024, Case #: 22-AA-0554, Categories: Property, zoning
Per curiam, the Massachusetts Court of Appeals supports upholding a cease-and-desist against a homeowner running a reptile breeding facility in his home, in which he breeds bearded dragons, turtles and insects intended to be the reptiles’ food. These animals are not agricultural, bearded dragons are not customary pets, and even if turtles are customary pets, keeping 60 in a basement is not customary. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: March 21, 2024, Case #: 23-P-332, Categories: Municipal Law, zoning, Injunction
J. Vanek finds the trial court properly ruled in favor of the township, which had denied a cannabis retailer license to the store. The store has not shown the township acted arbitrarily in withholding support for the license application, and just because it had received a zoning permit did not guarantee it any other rights. Affirmed in part.
Court: New Jersey Appellate Division, Judge: Vanek , Filed On: March 18, 2024, Case #: A-1755-22, Categories: Municipal Law, zoning
Per curiam, the appellate division finds that the trial court properly dismissed the petition, which sought to reverse the town's housing zoning law's definition of "family" and its prohibition of two-family dwellings. The zoning authority did not act arbitrarily in determining the property was not grandfathered in, nor was it acting arbitrarily when it denied the rental permit for a single-family dwelling with an eight-person occupancy load. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: CA 22-01128, Categories: Municipal Law, zoning
J. Maze finds that challengers to a city's ban on billboards lack standing because they did not argue that the ban is unconstitutional. The ban applies to all billboards, regardless of content, so it was not a prior restraint on speech. City officials denied permit and variance applications because of the ban and were not using unconstitutionally unbridled discretion. The challengers' facial argument also failed due to the absence of discretionary decision-making by officials.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: March 11, 2024, Case #: 4:22cv461, NOS: Other Civil Rights - Civil Rights, Categories: zoning, Jurisdiction, First Amendment
J. Mollway taxes a religious organization $18,568 in its decadelong dispute with Maui over its construction of a church. The taxable costs are proper because the county attempted to meet and confer with the church, despite the church’s refusal. The costs properly encompass fees for witnesses, trial exhibits and depositions.
Court: USDC Hawaii, Judge: Mollway, Filed On: March 8, 2024, Case #: 1:14cv535, NOS: Other Civil Rights - Civil Rights, Categories: Government, Tax, zoning
J. Wozniak orders proceedings to determine if a county is entitled to trial court attorney fees despite an earlier denial of appellate attorney fees. The county prevailed in a dispute with a property developer over density requirements, and is entitled to trial court fees if it can prove the property owner failed to accept its bona fide settlement offer. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: March 8, 2024, Case #: 6D23-879, Categories: Property, zoning, Attorney Fees
J. Schutz finds the Colorado Noise Abatement Act does not preempt local governments from issuing amplified noise permits and so the lower court properly granted the motion for summary judgment filed by the city and bar. The Act does not limit the issue of such permits to events hosted by municipalities or nonprofit entities and, therefore, allows private businesses to obtain exemptions from noise pollution standards. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: March 7, 2024, Case #: 2024COA25, Categories: Government, Preemption, zoning
J. Day allows county residents to intervene in claims stemming from the denial of a cable company's application to install wireless facilities because the residents' interest in this complaint is different from the county's interest since they are concerned about environmental issues.
Court: USDC New Jersey, Judge: Day, Filed On: March 7, 2024, Case #: 3:23cv18091, NOS: Other Statutory Actions - Other Suits, Categories: zoning
Per curiam, the appellate division finds that the lower court properly dismissed claims seeking review of the town's determination that significant environmental impacts would not occur by rezoning land to create a planned development district because the town rationally concluded the action was consistent with municipal plans and would benefit the wider community. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: CV-22-2340, Categories: zoning
J. Moor orders the partial publication and modification of a previously issued opinion. An untimely challenge to a city's adoption of zoning ordinances regulating development along a light rail line was not made timely by the relation back doctrine. And the city relied on substantial evidence to find that the adoption was inconsistent with the city's general plan. Affirmed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: March 7, 2024, Case #: B318346, Categories: Environment, zoning
J. Tookey finds the trial court properly concluded that petitions for judicial review of the 2019 Order had become moot. “The 2019 Order was remanded to OAB by LUBA, and by operation of LUBA’s remand, it had become ineffective.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: March 6, 2024, Case #: A179634, Categories: Government, zoning
J. Ortega invalidates two Climate-Friendly and Equitable Communities rules after finding the Land Conservation and Development Commission did not provide sufficient notice for one and exceeded its statutory authority in enacting the other. “Adopted rule does cover a subject matter not specified in the notice” and “statutes do not authorize LCDC to revoke an acknowledgement of a TSP, which is part of a local government’s acknowledged comprehensive plan.”
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: March 6, 2024, Case #: A180037, Categories: zoning
J. Brown finds that the trial court properly held that a city's nuisance determinations were procedurally fair since they rested on zoning violations. But the city's appeals process for both zoning and building code violations that involves a single hearing officer is preempted by state law. The city must establish an appeals board or agency or allow its governing body to hear appeals as required by state law. Reversed in part.
Court: California Courts Of Appeal, Judge: Brown, Filed On: March 6, 2024, Case #: A167719, Categories: Property, Preemption, zoning
J. Ortego finds that the lower court properly upheld the city council's decision to reverse the zoning commission's granting of the owner's application to subdivide a property. There was a "legitimate public concern" that construction of the proposed development would exacerbate flooding in the area, so a drainage plan was necessary. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 6, 2024, Case #: CA-23-620, Categories: Real Estate, zoning
J. Brody finds the trial court properly upheld a county's denial of a developer's preliminary application for a subdivision. The denial was supported by evidence that a single, gated point of egress would pose a danger for residents seeking to evacuate in an emergency. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: March 5, 2024, Case #: 50197, Categories: Property, zoning
J. Brown denies summary judgment to a Long Island village and its planning board on a family estate’s constitutional takings claim. The estate alleges the village wrongfully denied three applications to build a dock on its waterfront property over a nine-year period. The village ultimately granted their application for the work in 2019, but only after the courts intervened. Federal courts find claims for regulatory taking are not rendered moot even though the underlying action is remedied. The court further finds the claim is timely.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: March 1, 2024, Case #: 2:19cv5760, NOS: Other Civil Rights - Civil Rights, Categories: Property, zoning