228 results for 'cat:"Zoning"'.
J. Bell partially grants a group of short-term rental property owners their motion to remand this case to state court; they sued a county for allegedly violating of state and federal zoning laws. The group maintains that the county instituted an ordinance prescribing how the properties are used as a form of unfairly condemning the properties. The group’s state law claims will be remanded, but its federal claims will proceed, as the parties were unable to voluntarily resolve their dispute.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 26, 2024, Case #: 5:24cv3, NOS: Other Civil Rights - Civil Rights, Categories: Government, Property, zoning
J. Penzato finds that the trial court properly ruled in favor of the property owners in a neighbor's suit challenging the city adjustment board's granting of a zoning variance that allowed the owners to add a fourth driveway. The neighbor lacked a cause of action against the owners, who were correctly dismissed from the suit since they were not "indispensable parties." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: February 23, 2024, Case #: 2023CA0658, Categories: Civil Procedure, Property, zoning
J. Hellman finds the Land Use Board of Appeals properly determined that petitioners’ challenge to conditional use permits was an impermissible collateral attack on the site plan approval. "Neither party has demonstrated that LUBA erred in its interpretation of the law." Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A182443, Categories: zoning
J. Powers finds the circuit court properly dismissed a mandamus action against the planning director for Multnomah County and Multnomah County. Whether a land use is “outright permitted” or “conditional” depends on “whether the proposed use requires discretionary local permit approval ‘within the given zoning designation where the land is located’.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: February 22, 2024, Case #: A179527, Categories: zoning
J. Riley finds that the trial court properly held that the zoning board used baseless conjecture to determine that a proposed drug treatment center posed dangers to nearby residents, who lived a half-mile away. Meanwhile, evidence does not indicate that the treatment center's need for an expanded parking lot poses a risk to the nearby agricultural area. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: February 21, 2024, Case #: 23A-MI-1733, Categories: Property, zoning
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J. Sullivan finds that the district court properly dismissed claims contending the village exercised discriminatory animus in denying building permits for five lots in a planned 181-unit residential subdivision to be marketed to Hasidic Jews. The claims were not ripe since the developer had not appealed the denial to the village zoning board and had not sought a variance, even if such steps were not expected to be successful. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: February 16, 2024, Case #: 22-1047, Categories: zoning, Housing, Equal Protection
J. Brown, ruling on the oldest active case on Eastern District of New York’s docket, affirms in part a magistrate judge’s report and recommendation and trims a 17-count complaint down to a manageable eight counts. The lawsuit, which was first filed in 2008, alleges a small village in Nassau County violated a Jewish institution’s religious freedoms when it imposed additional building requirements on a proposed synagogue, which was to be located in a residential area. The court agrees with the magistrate’s conclusions that the claims are ripe and present facial challenges to the village’s Places of Worship law.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: February 16, 2024, Case #: 2:08cv5081, NOS: Other Civil Rights - Civil Rights, Categories: zoning, First Amendment
J. Loken finds a lower court improperly granted a non- for- profit sober living company's request to establish residency for a group of recovering alcoholics and substance abusers in a single family home in a residential area in the City of Anoka, Minnesota. The non- for- profit argued that the City violated ADA and Fair Housing Act violations for denying a waiver for zoning purposes to set up housing for four recovering addicts who are not related to each other, and who are entitled to a therapeutic environment. However, the City presented sufficient evidence in court that the non- for- profit would not have the financial resources to maintain a sober environment in the long run, and that establishing the residence would violate its zoning rules. Reversed.
Court: 8th Circuit, Judge: Loken, Filed On: February 15, 2024, Case #: 22-3071, Categories: Ada / Rehabilitation Act, zoning, Housing
J. Shorr finds the Land Use Board of Appeals properly rejected challenges to relating to Portland’s zoning regulations of “Bulk Fossil Fuel Terminals.” The text of the ordinance did not support the business associations’ legal interpretation. Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 14, 2024, Case #: A182570, Categories: zoning
J. Jacquot finds the Land Use Board of Appeals LUBA erred in rejecting on procedural grounds the petitioner’s argument that new information submitted by the intervenor was “evidence.” LUBA erred in declining to address the petitioner’s argument “that the information provided by intervenor was evidence that petitioner had a right to rebut.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: February 14, 2024, Case #: A18236, Categories: Evidence, zoning
J. Mollway grants summary judgment to Hawaii and its land use commission, determining that its conversion of a parcel of land back to agricultural from urban use did not constitute a taking from the land developer, who did not build affordable housing on the land as it had promised for decades. The developer has no standing as it had transferred its interest in the property.
Court: USDC Hawaii, Judge: Mollway, Filed On: February 12, 2024, Case #: 1:17cv113, NOS: All Other Real Property - Real Property, Categories: Property, Real Estate, zoning
J. Schumacher finds that the county board of supervisors acted legally in rezoning a portion of property from agricultural to light industrial against the wishes of a nearby resident because the board was not required to amend the county's comprehensive plan, and the board’s decision was consistent with that plan. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: February 7, 2024, Case #: 23-0142, Categories: zoning
J. Mollway rules on several motions in limine in a lawsuit over the state reverting a property from urban to agricultural use and preventing a developer from using it. For example, several motions related to evidence of the developer’s contractual damages are granted as they are irrelevant to its taking claims. Motions and evidence that remains include information about the reverting order and testimony about the property value.
Court: USDC Hawaii, Judge: Mollway, Filed On: February 6, 2024, Case #: 1:17cv113, NOS: All Other Real Property - Real Property, Categories: Government, Property, zoning
Per curiam, the appellate division finds that the lower court properly denied the condo's petition to annul the city's approval of a nearby blood center's rezoning application. The city found no exposure risk in the blood center's plan to modernize its current lab and that the special permit for scientific research facilities was sought for planned commercial lab spaces in higher floors and not the blood center's own facilities. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 6, 2024, Case #: 00596, Categories: zoning
J. Markle finds that the trial court improperly ordered the citizens to post a $364,000 surety bond in a declaratory judgment and injunctive relief action against the state challenging the development and construction of electric vehicle manufacturing facilities on state-owned land. The trial court failed to consider the merits of the citizens' claims that the development failed to comply with building codes and environmental controls before ordering them to post bond. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: February 2, 2024, Case #: A23A1718, Categories: zoning
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of prohibition to compel the board of elections to remove a zoning issue from the March 2024 primary election ballot. The ballot referendum contained a valid number of signatures because the amendment to Ohio's election procedures regarding signature numbers did not apply retroactively and went into effect after the zoning issue was certified. Meanwhile, the zoning issue includes required language and properly informs voters of the issue to be decided; therefore, the board of elections properly certified the issue for placement on the ballot.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: 2024-Ohio-379, Categories: Civil Procedure, Elections, zoning
J. Altice finds that the trial court properly held that property owners were not required to exhaust all remedies before seeking an injunction to stop the building of a residential facility for dementia patients. Construction was properly halted because evidence indicated the group home likely did not meet all zoning requirements. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: February 2, 2024, Case #: 22A-PL-2931, Categories: Civil Procedure, Property, zoning
J. Kim finds that the trial court properly ordered a city to exempt from coastal development permit requirements property owners' proposal to build an accessory dwelling unit. The city was not entitled to deference in its interpretation of statute, which broadly exempts improvements that consist of new construction that is directly attached to an existing residence. Affirmed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: February 1, 2024, Case #: B323731, Categories: zoning, Housing
J. Pagan finds the Land Use Board of Appeals (LUBA) properly ruled that petitioner was not relieved from compliance with county requirements for building a relative farm help dwelling. The law in question “applied only to housing within an urban growth boundary.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: January 31, 2024, Case #: A182319, Categories: Property, zoning
J. Mooney finds the Land Use Board of Appeals properly ruled that it was without jurisdiction to review Eugene City Council’s adoption of an ordinance that LUBA determined was not a land use decision. Petitioner’s position is foreclosed by Ray v. Douglas County. Dismissed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: January 31, 2024, Case #: A182565, Categories: zoning
J. Fitzwater grants, in part, non-party city officials request to quash and for a protective order in a company's property zoning dispute. Certain topics pertaining to city council and the zoning commission's actions and communications are protected by legislative privilege.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: January 29, 2024, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: Municipal Law, zoning, Discovery
J. Kamins finds the Land Use Board of Appeals properly interpreted the law when it remanded the Deschutes County Board of Commissioners’ approval of a rezoning application. “Consideration of whether land is agricultural land…must include consideration of whether the land’s resource designation and zoning is necessary to permit farm practices to be undertaken on adjacent or nearby agricultural lands.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 24, 2024, Case #: A182073, Categories: Property, zoning
J. Wilkinson finds the lower court properly dismissed the developer's claims that the city violated their equal protection rights when it denied their rezoning applications. The city council was right to be concerned as the area compounded flood risk and increased enrollment at already overpopulated schools. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: January 24, 2024, Case #: 22-1690, Categories: Construction, zoning
J. Clark finds the lower court erroneously dismissed the drug addiction center's appeal of the zoning commission's denial of its application for a permit to construct a greenhouse. The greenhouse could be considered an acceptable intensification of the center's current nonconforming use permit. Additionally, because the proposed greenhouse would reflect the original nature of the nonconforming use permit - namely, to allow the center to grow fruits and vegetables for its residents - the court's determination it was an illegal expansion was also erroneous. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: January 19, 2024, Case #: AC45972, Categories: Property, zoning