18 results for 'cat:"Civil Procedure" AND cat:"Zoning"'.
J. Prata finds that the trial court properly granted the town summary judgment in claims contending the town was not authorized to review a major land development application because a town resident failed to establish standing or grounds to challenge the ruling, and failed to raise claims that the town engaged in illegal contract zoning in the superior court. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: May 7, 2024, Case #: 22-326, Categories: civil Procedure, zoning
Per curiam, the court of appeals finds that the lower court properly granted the township summary judgment in claims seeking a voter referendum regarding the decision to grant a developer a rezoning ordinance because technical deficiencies contained in the petition were cured when voters rejected the ordinance. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: April 25, 2024, Case #: 367925, Categories: civil Procedure, Municipal Law, 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. 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
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
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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. Rivera finds that the appellate division improperly dismissed long-running claims property owners brought against a neighboring manufacturer which sought to expand a nonconforming use because the action had not been rendered time-barred by the addition of an inadvertently omitted necessary party, as the addition related to the initial, timely filing and the party was not surprised by the addition. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: October 24, 2023, Case #: 48, Categories: civil Procedure, zoning
J. Fitzwater grants, in part, the city officials' motion for a protective order and a company's motion to compel in the company's case challenging a city's land use decisions. The balance of factors weighs in favor of applying the legislative privilege to notes pertaining to a certain plat application and in association with related meetings, and the city fails to show the discovery the company seeks is improper.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: September 11, 2023, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: civil Procedure, zoning, Discovery
Per curiam, the Supreme Court of Ohio finds the court of appeals property dismissed a property owner's appropriation action. The owner was required to file a direct appeal of the zoning board's denial of his request for a permit to place a houseboat on his pond prior to seeking mandamus relief to compel appropriation proceedings. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 2023-Ohio-3115, Categories: civil Procedure, Property, zoning
J. Stark finds the circuit court correctly used its discretion to grant the property owner a default judgment against the zoning appeals board for failing to timely respond to his complaint for certiorari review of the board's denial of his appeal of its decision finding that two cabins next to his property did not fit the definition of a "resort" under county zoning ordinances. The property owner followed proper civil procedure by filing a summons and complaint with the circuit court and serving the board with those documents, and the circuit court applied the proper standard of law by entering a default judgment when the board failed to timely file a responsive pleading. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: July 25, 2023, Case #: 2022AP001577, Categories: civil Procedure, zoning