14 results for 'cat:"Administrative Law" AND cat:"Zoning"'.
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
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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. Talwani grants in part a mayor’s motion for judgment on the pleadings of a couple unhappy with their parking variance being revoked and with the placement of parking meters in front of their home. The couple’s claims related to the variance being revoked are barred by the doctrine of sovereign immunity but their claims related to the placement of the meters are not barred by the fact that a city official placed them as part of their official duty, because there is a question of whether they could have been and should have been placed elsewhere by the city official.
Court: USDC Massachusetts, Judge: Talwani, Filed On: October 20, 2023, Case #: 1:22cv11462, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Government, zoning
J. Graham finds the circuit court properly granted summary judgment to the city in a lawsuit from trade associations seeking to enjoin enforcement of a zoning ordinance requiring the use of bird-safe glass for constructing or expanding certain types of buildings to reduce the risk of bird collisions. The city's valid zoning ordinance does not fall under the scope of a statewide administrative code barring local governments from enacting or enforcing minimum building code standards that are stricter than the statewide code in terms of altering, constructing or adding to some public and commercial buildings, so it is not technically a building code standard and is not preempted. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Graham, Filed On: October 5, 2023, Case #: 2022AP001468, Categories: administrative Law, zoning
Per curiam, the court of civil appeals finds that the lower court properly entered a judgment "affirming a final decision of a county board of adjustment," which overturned the issuance of a land-use certificate. The appellants are land owners that had sought the certificate to construct lodging on property "just north of an existing marina." The board had jurisdiction to hear the appeal, and its decision was "supported by the evidentiary record and the pertinent zoning ordinance." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: August 11, 2023, Case #: CL-2022-0697, Categories: administrative Law, Real Estate, zoning
J. Lynch finds that the lower court properly dismissed a petition challenging a town's notice of violation when construction began at a vineyard without needed permits and site-plan approval. Judicial review was premature because the vineyard's owners failed to exhaust their administrative remedies first. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: August 3, 2023, Case #: CV-22-2293, Categories: administrative Law, 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. 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