7 results for 'cat:"Construction" AND cat:"Municipal Law" AND cat:"Zoning"'.
J. Clement finds the lower court improperly vacated a decision by the Board of Fire and Building Code Appeals of the Metropolitan Government of Nashville and Davidson County (the Board), regarding a landowner’s proposal to build an auto repair shop on undeveloped land. The land did not have a water source that would satisfy fire code requirements, so the landowner sought a variance and submitted a proposal to construct a 20,000 gallon tank on the property along with a dry fire suppression system inside the building, but the Board rejected it over concerns for the safety of people and firefighters. The lower court found the Board failed to distinguish the request for a variance from an appeal, vacated the Board’s finding and remanded the matter for further consideration. The instant court disagrees with the lower court’s findings and remands the matter to have the Board’s ruling reinstated. Reversed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: April 11, 2024, Case #: M2023-00113-COA-R3-CV, Categories: construction, municipal Law, zoning
J. Wood finds the lower court properly found in favor of the Secretary of Transportation in this matter concerning the building of the Obama Presidential Center (OPC) in Jackson Park in Chicago. This is the fourth in a series of complaints from the group about the construction of the center on city parkland. The lower court found the project, which is under construction and slated for completion in 2025, does not violate any laws or ordinances. The instant court finds the current case mirrors that of its previous complaint, and brings forth no new information or argument, making it a matter that has already been decided in prior litigation. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 8, 2024, Case #: 22-3190, Categories: construction, municipal Law, zoning
[Consolidated.] J. Mori finds the county court properly granted the housing advocate’s request for a writ of mandate challenging the city’s amending of zoning code changing development standards in its single-family residential zones to reduce the square footage of houses that can be built. The amended code violates California code prohibiting the enacting of policies changing zoning in certain places to a “less intensive use.” The city does not show that the amendment allows for greater density or reduces costs. Affirmed.
Court: California Courts Of Appeal, Judge: Mori, Filed On: October 27, 2023, Case #: B321477, Categories: construction, municipal Law, 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. 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