228 results for 'cat:"Zoning"'.
J. Blake vacates the disbursement of a surety bond meant to cover the attorney’s fees and costs of a real estate developer and an appeal board being sued by a man who opposed the developer being granted variances to construct an addition to a residential building. Prevailing in the first appeal does not automatically entitle the developer to disbursement of the bond.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: January 18, 2024, Case #: 22-P-974, Categories: Real Estate, zoning, Attorney Fees
J. Moor finds that the trial court should not have granted a petition challenging a real estate development's compliance with the Environmental Quality Act. The petition was filed more than one year after the city issued a notice of determination, which started a 30-day statute of limitations.
Reversed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: January 17, 2024, Case #: B326033, Categories: Environment, Real Estate, zoning
J. Ross dismisses a complaint brought by two property developers that alleges officials for an Eastern Long Island township withheld the release of two performance bonds in connection with two separate housing developments until certain tasks not originally included in the bonds were completed. The court finds applicable town and state law grant the township a great deal of discretion over whether to release a developer from a performance bond, and the developers are not entitled to the release of their bonds.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: January 17, 2024, Case #: 2:22cv7834, NOS: Other Statutory Actions - Other Suits, Categories: Construction, Property, zoning
J. Griggsby grants the commissioners’ motion to dismiss this recovery center’s complaint for Fair Housing Act and Americans with Disabilities Act violation after a special exception and use and occupancy permit was denied. The zoning code does allow for an eight bed multi-resident living facility, but the recovery center alleges FHA and ADA discrimination by allowing another center to operate a 16-bed facility. The commissioners did approve eight beds as stated in the zoning code. Therefore, the recovery center fails to show evidence of FHA and ADA violations.
Court: USDC Maryland, Judge: Griggsby, Filed On: January 12, 2024, Case #: 1:23cv714, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Property, zoning
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Stegner finds that the district court was not barred from granting a developer declaratory relief on its zoning challenge by the developer's concurrent but separate petition for review under the Local Land Use Planning Act. The district court properly refused to admit a site plan that was recorded after a planned unit development plat was approved. However, the district court should have granted the developer's motion to order the county to record the plat. And the district court must revisit whether it was bound by a settlement agreement before ruling on a breach of contract claim. The developer is due attorney fees on appeal as the prevailing party on all issues. Reversed in part.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: January 11, 2024, Case #: 49487, Categories: Administrative Law, zoning, Attorney Fees
J. Salter finds that the circuit court improperly granted summary judgment in a matter in which The McCook County Board of Adjustment determined that five lots owned by an individual in an area zoned for agricultural use did not include individual building eligibilities under a zoning ordinance. The lower court erroneously supplanted a plain application of the text with a determination of the County's intent to hold that the lots were not buildable. Reversed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: January 10, 2024, Case #: 2024SD2, Categories: Property, zoning
J. Georges affirms a decision granting a town’s motion for summary judgment against some of the town’s residents who brought suit against the town to compel it to transfer municipal land to its conservation commission. However, the disputed land is designated for affordable housing and cannot be used for another purpose unless the town’s select board determines it isn’t needed for affordable housing.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: January 5, 2024, Case #: SJC-13410, Categories: Municipal Law, zoning, Housing
J. Funke finds the county board of equalization improperly upheld the district court's denial of the property developer's agricultural status application. The developer kept farming leases on the property after its purchase, pending development, in order to maintain the existing status. The board erroneously determined the property’s use after the official date for making the determination, while evidence does not show the property was not primarily used for agriculture before that date. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 5, 2024, Case #: S-22-888, Categories: Agriculture, Property, zoning
J. Ginoza finds the lower court properly dismissed most of a Hawaii community group’s allegations against the development of a large sports complex, but should not have dismissed others to the extent that they adequately challenged the validity of a special use permit. The community group did not exhaust administrative remedies for the approval for the permit, so the court lacks jurisdiction over a majority of the counts. Regarding counts challenging the project’s environmental impact, insofar as the claims seek relief other than invalidating the permit, they should not have been dismissed because they reasonably question if the supplemental impact statement suffices as an environmental impact statement. Affirmed in part.
Court: Hawai'i Court Of Appeals, Judge: Ginoza, Filed On: December 28, 2023, Case #: CAAP-16-444, Categories: Environment, Government, 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
Per curiam, the appellate division finds that the trial court improperly upheld the town board's decision that the addition of a second-story deck to a property did not violate setback requirements because the interpretation that setbacks are measured by a building's footprint did not account for the covered porch extending into the setback area. However, the board properly held that the bunkhouse was used a sleeping quarters and not a permanent residence.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 20-01094, Categories: Property, zoning
J. Watson finds in favor of the alliance in its case against Honolulu challenging an amendment to an ordinance to increase the minimum rental period for a non-resort property from 30 to 90 days, which effectively outlaws rentals of 89 days or less. The ordinance violates a state zoning law restricting counties from passing zoning ordinances that conflict with prior lawful uses. The resulting permanent injunction enjoins the City and County of Honolulu from enforcing the ordinance insofar as it prohibits 30-89 day home rentals in any district on O'ahu.
Court: USDC Hawaii, Judge: Watson, Filed On: December 21, 2023, Case #: 1:22cv247, NOS: Other Civil Rights - Civil Rights, Categories: Government, Property, zoning
J. McMurdie finds a lower court improperly dismissed negligent misrepresentation claims brought by a housing developer against the City of Phoenix. The City argued that it was not obligated to turn over certain zoning records and land use restriction information. However, the housing developer sufficiently showed in court that the City sold him un- developable land without disclosure. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: December 21, 2023, Case #: 1 CA-CV 23-114, Categories: Property, zoning, Contract
J. Johnson reverses the town's denial of a property owner's application for private access to a public road. The town board's reasons for denial are variously not within the regulatory purposes specified in an applicable state statute or not supported by sufficient evidence. These reasons include determinations that the property owner had not shown good cause for a second entrance to its property, that the property is equally accessible from the existing entrance, that the road was created by subdivision plats which do not include the property, that the road is part of a "subordinate service district" that does not include the property, that the proposed agricultural use of the property is "incompatible with the character" of the residential street, and that it could cause "liability, drainage and maintenance problems." Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 18, 2023, Case #: A23-0372, Categories: Municipal Law, Property, zoning
J. Guirola grants a city’s motion for summary judgment against claims of violating a hotel owner’s due process rights when declaring the property a menace to "public health, safety and welfare." The city did not violate the owner's due process since it gave her an opportunity to appear at a hearing, and it was justified in trying to protect the health and safety of its citizens.
Court: USDC Southern District of Mississippi , Judge: Guirola, Filed On: December 14, 2023, Case #: 1:23cv63, NOS: Other Civil Rights - Civil Rights, Categories: Property, zoning, Due Process
J. Fisher finds that the lower court properly declined to find for a quarry owner or the town in a dispute over expansion of nonconforming mining operations. While the town maneuvered to curtail expansion, the record indicates the quarry owner failed to undertake "substantial" activities demonstrating intent to utilize nearby land that had been purchased for mining. Meanwhile, the town failed to demonstrate the nonconforming use would be barred from extension due to the physical separation caused by a county road. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: December 14, 2023, Case #: 534981, Categories: Property, zoning
J. Sacks reverses and remands abutters’ claims of nuisance and trespass against a would-be developer, who they believe would pollute their drinking water supply through a proposed septic system, but affirms the granting of permits to the developer. The abutters’ hydrologist’s mass balance analysis is flawed, but even if it was accurate, Title V does not prohibit a septic system from increasing levels of nitrogen in a private well, even beyond the state drinking water standard.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: December 13, 2023, Case #: 22-P-908, Categories: Administrative Law, zoning, Water
J. Parker finds that the district court improperly dismissed claims contending a town manipulated building permit and zoning procedures to thwart plans by a group interested in building a school to educate Orthodox Jewish girls. Federal religious discrimination and civil right claims were ripe for consideration since the zoning board refused to review the group's application, and state interference with contract claims concerned town defendants' actions upending a land sale and impacting a bank loan. Reversed.
Court: 2nd Circuit, Judge: Parker, Filed On: December 8, 2023, Case #: 22-1741, Categories: Civil Rights, zoning, Interference With Contract
J. Cook finds the lower court improperly denied a developer's motion to do build housing on a plot of land. The local planning commission was found to not have sufficient evidence denying them permission based on safety issues and residential concerns. Reversed.
Court: Alabama Supreme Court, Judge: Cook, Filed On: December 8, 2023, Case #: SC-2023-0017, Categories: Property, zoning, Housing
J. Weissmann finds that the trial court properly ruled in a zoning dispute over a shooting range because the property owners had been granted a permit to sell guns but not to have a shooting range on the property, and the owners failed to defend the zoning violation other than insisting county officials had not been allowed to enter the property. Meanwhile, attorney fees and sanctions were properly entered. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: December 7, 2023, Case #: 23A-CT-467, Categories: Sanctions, zoning, Attorney Fees
J. Acree finds that the city board of adjustment improperly granted a permit and setback variance to enable a church to construct a grotto behind its property because boards of adjustment are prohibited by statute from granting variances which contradict zoning regulations and from enlarging or extending previously existing nonconforming uses. Reversed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: December 1, 2023, Case #: 2022-CA-0867-MR, Categories: Municipal Law, zoning
J. Mollway denies the planned community development’s motion to add a related company as plaintiff in its claims against the state for rezoning the development’s land from urban to agricultural, stopping development. Though the companies are essentially the same entity and have transferred various interests between them, “under the purported assignment in 2021 or 2022, Aina Le`a no longer has a property interest that was allegedly taken such that Aina Le`a should be in this case.”
Court: USDC Hawaii, Judge: Mollway, Filed On: November 30, 2023, Case #: 1:17cv113, NOS: All Other Real Property - Real Property, Categories: Property, zoning
J. Locke finds a property developer’s substantive and procedural due process and equal protection claims against the Long Island town of East Hampton were sufficiently adjudicated in state court and dismisses their civil rights complaint under the doctrine of res judicata. The property developer sued the town and various public officials on claims that the town issued a stop-work order on the construction of a two-story mixed commercial-residential building without giving the developer an opportunity to contest the order after discovering it had used concrete instead of asphalt, in violation of their building permit, for several disability-related improvements in the property’s parking lot.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: November 28, 2023, Case #: 2:20cv5828, NOS: Other Civil Rights - Civil Rights, Categories: zoning, Due Process, Equal Protection
J. Morrison grants, in part, the township's motion to dismiss, ruling it is not required under Ohio law to approve every zoning application that meets certain requirements found in its comprehensive plan. Therefore, the landowners have no protected property interest in the re-zoning application and their due process claims fail as a matter of law.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 17, 2023, Case #: 2:23cv691, NOS: Other Civil Rights - Civil Rights, Categories: Government, zoning, Due Process
J. Lambert finds that the planning commission properly approved Verizon's application for the construction of a new cellular antenna tower because the tower would not affect the historic integrity of a local Native American academy, and the landowner was allowed to object to the decision. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Lambert, Filed On: November 17, 2023, Case #: 2021-CA-1163-MR, Categories: Property, zoning