228 results for 'cat:"Zoning"'.
J. Brody finds that the district court properly dismissed a petition for judicial review of a city council approval of a development within a "Residential Ranchette" zoning district. Petitioners failed to show that the approval prejudiced their substantial rights. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: June 13, 2023, Case #: 49590, Categories: Administrative Law, zoning
J. Stratton finds that the trial court properly denied a challenge to a city's determination that its choices about where to allow commercial cannabis activities were exempt from environmental review. The city followed its general plan, the areas chosen accorded with existing zoning, and substantial evidence supported the conclusion that air quality, traffic, odor, noise and greenhouse gas emissions impacts would not be greater than those addressed in the city's standing environmental impact report. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: June 13, 2023, Case #: B310777, Categories: Municipal Law, zoning
Per curiam, the appellate division denied a challenge to the commission's conditional approval of a development of a building in the Brooklyn Academy of Music Historic District as premature. The commission did not issue a final certificate of appropriateness. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 13, 2023, Case #: 03208, Categories: zoning
J. Hurd dismisses a property developer’s suit with claims for due process violations against a small town in Upstate New York alleging its zoning board wrongfully revoked its permit to redevelop a deserted resort property after local residents mounted a successful campaign to stall the development. In regards to the merits of their claims, the court finds the failed to obtain approvals by the state Department of Environmental Conservation as conditioned under their special use permit.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: June 9, 2023, Case #: 1:22cv1306, NOS: Other Statutory Actions - Other Suits, Categories: zoning, Due Process
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Per curiam, the appellate division finds that the trial court properly dismissed a petition seeking to annul the decision granting a permit to construct a larger building than had been approved in the site plan. The town was not required to determine whether third parties might assert conflicting rights before granting the permit, and any violation of the open meetings law constituted mere negligence. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 22-00164, Categories: zoning
J. Hall denies the city's motion for summary judgment, ruling the gravel company has made a plausible due process claim in relation to certain conditions imposed in a zoning permit for their operations. Evidence in the record indicates the business ran for decades before any zoning requirements were implemented, which is sufficient to prove a prior, nonconforming use and protected property interest.
Court: USDC Connecticut, Judge: Hall, Filed On: June 7, 2023, Case #: 3:21cv193, NOS: Other Civil Rights - Civil Rights, Categories: zoning, Due Process
J. Dallet finds the village board trustee did not violate the property owner's due process rights by weighing in on her daughter and son-in-law's application to amend a village ordinance so they could re-zone their vacant residential property for commercial development. Because there is no due process right in Wisconsin law to an impartial decision-maker for legislative acts such as the board's amendment of a generally applicable ordinance, the trustee casting the deciding vote in favor of her daughter and son-in-law's application did not violate the property owner's due process rights, so the court of appeals correctly reversed the circuit court's ruling in favor of the property owner. Affirmed.
Court: Wisconsin Supreme Court, Judge: Dallet, Filed On: June 6, 2023, Case #: 2021AP001764, Categories: zoning, Due Process
J. Dailey finds that the trial court properly dismissed a complaint by a condominium unit's former owner seeking to assert ownership rights over unused floor space in the former unit. The city's land use code is silent on whether the floor area ratio should be treated a common element, but that does not mean that unused floor space represents a severable interest. Affirmed.
Court: Colorado Court Of Appeals, Judge: Dailey, Filed On: June 1, 2023, Case #: 22CA0700, Categories: Real Estate, zoning
Per curiam, the appellate division finds that the lower court properly annulled the town planning board's determination that the car dealership failed to satisfy a condition of its special use permit - that it provide proof it had the right to use an adjacent property owned by a third party. The dealership provided documentation that it had permission to use the subject parking area from its landlord, who claimed ownership over the area via adverse possession. The Board had no basis to require the dealership to resolve the legal uncertainty surrounding the landlord's ownership of the subject property to satisfy the condition of its permit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 31, 2023, Case #: 02879, Categories: Municipal Law, Property, zoning
J. Navarro grants the county’s motion for summary judgment in this suit brought by the mining company which questions the constitutionality of renewable energy project zoning. The mining company cannot show how a comparator, similarly situated in all aspects, was treated differently. It has also not established a constitutional right of which it was deprived. Zoning officials retain discretion in an application for rezoning. The mining company has no property interest in a zoning change, and the municipality’s policies did not motivate the alleged constitutional violation.
Court: USDC Nevada, Judge: Navarro, Filed On: May 26, 2023, Case #: 2:19cv850, NOS: Other Civil Rights - Civil Rights, Categories: Construction, Municipal Law, zoning
J. Vaitheswaran finds that the zoning board properly granted an exception allowing plaintiffs to hold small gatherings inside a church they converted into a residence because adequate parking was available at the property. Affirmed.
Court: Iowa Court Of Appeals, Judge: Vaitheswaran, Filed On: May 24, 2023, Case #: 22-0584, Categories: zoning
J. Connors finds that the landowner's appeal to the town's board of appeals was untimely in this matter concerning the issuance of certain building permits to a neighboring property owner. The board erred in its conclusion that there was good cause for the landowner's delay, and the decision on the merits must vacated. A separate appeal regarding the certificate of occupancy was properly dismissed for failing to state a claim. Vacated in part.
Court: Maine Supreme Court, Judge: Connors, Filed On: May 23, 2023, Case #: 2023ME30, Categories: Municipal Law, Real Estate, zoning
J. Zimmerman finds that while the zoning officials and trustees were not members of law enforcement or prosecuting attorneys and improperly issued search warrants for the property owner's farm, the lower court properly dismissed the owner's complaint. The evidence used to obtain the warrants gave the officials probable cause to conduct the administrative searches. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 22, 2023, Case #: 2023-Ohio-1704, Categories: Administrative Law, Constitution, zoning