19 results for 'cat:"Environment" AND cat:"Zoning"'.
[Consolidated.] J. Moll finds the lower court erroneously sustained the adjacent property owner's appeal of the township's approval of a subdivision redevelopment without an environmental impact assessment. The relevant zoning procedures require only a developer submit a request for such an assessment, not that one be completed. The assessment company failed to complete the assessment as it was developing new procedures, and because the zoning laws allow the zoning commission to act without a submitted assessment, it was not improper to approve the redevelopment project. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: April 26, 2024, Case #: AC46146, Categories: environment, Property, zoning
J. Sacks finds that a board of health’s order to the owner of an asphalt plant to cease and desist its operation is valid and reverses a judgment nulling the order. While the prior judge determined that the order was arbitrary and capricious because the board failed to provide evidence that the odor produced by the plant is injurious to the public health, the board has the authority to treat the plant as a public nuisance after residents in proximity to the plant complained of the intense odor, dizziness and eyes burning and watering. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: April 12, 2024, Case #: 23-P-629, Categories: environment, Municipal Law, zoning
[Consolidated.] J. Goldman finds that the trial court improperly granted a shooting range's motion to strike allegations that it had violated its lease with a city by demolishing and rebuilding its facility. It also erred in sustaining the range's demurrers on a neighbor's Environmental Quality Act and zoning claims. Reversed.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: March 29, 2024, Case #: A165345, Categories: environment, Property, zoning
J. Moor orders the partial publication and modification of a previously issued opinion. An untimely challenge to a city's adoption of zoning ordinances regulating development along a light rail line was not made timely by the relation back doctrine. And the city relied on substantial evidence to find that the adoption was inconsistent with the city's general plan. Affirmed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: March 7, 2024, Case #: B318346, Categories: environment, zoning
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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. 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. Gilbert finds that the trial court properly denied petitions seeking to vacate a zoning ordinance intended to protect wildlife migration corridors. The ordinance, which will create new zoning overlays in rural areas, does not violate the Surface Mining and Reclamation Act because it does not permit a new use. "We are confident that wildlife is loath to seek permission from the County. It pretty much goes where it will. The Project sets standards for future developments that might interfere with the movement of wildlife. That is not permitting a use." Also, the ordinance clearly meets the "common sense" exemption of the Environmental Quality Act, as well as two categorical exemptions. Affirmed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: November 13, 2023, Case #: B320153, Categories: environment, zoning
J. Suarez finds the lower court properly dismissed the property owner's appeals of the zoning commissions decisions to approve a subdivision development and several wetlands management areas. All environmental impacts were properly assessed by the commission and the proposed right-of-way meets zoning requirements. Although the 50-foot wide right-of-way will include some wetlands, the road is not intended for traffic and, therefore, complies with environmental regulations, while evidence from several consultants was sufficient for the developer to prove minimal impact on the environment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: October 27, 2023, Case #: AC45082, Categories: environment, Property, zoning
J. Collins finds that the superior court properly denied the property developer’s request for a writ of mandate challenging Los Angeles’ denial of its request for a zoning change to comply with standards involving construction of a housing subdivision in a high wildfire hazard area. Though specific zones are not expressly listed in the general plan, they are incorporated by reference because the general plan allows all zones, even those that are “more restrictive” than those listed. A rezoning exemption cited by the developer does not apply. Affirmed.
Court: California Courts Of Appeal, Judge: Collins, Filed On: October 26, 2023, Case #: B314750, Categories: Construction, environment, zoning
J. Hicks affirms the reapproval of a developer’s plan to construct three multi-family apartment buildings with 152 dwelling units in total after its previous approval was undone by a prior appeal. A conditional use permit does not require the unnecessary hardship standard of a variance and what the opponents of the plan propose as an alternative is not the same project in a different area, but a smaller project. The developer’s plan meets the criteria necessary to be granted a conditional use permit to build in a wetland zone.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: October 12, 2023, Case #: 2022-0182, Categories: environment, zoning
J. Torresen grants in part a paper manufacturer's motion to dismiss class action claims brought against it by homeowners who live near its Old Town mill, which they claim has not been maintained properly, resulting in emissions of harsh rotten egg odors that are a nuisance and have devalued surrounding properties. The homeowners' nuisance claims cannot be dismissed based on their lack of regulatory claims. Whether the mill "has exceeded the standards for sulfur emissions or whether something else has caused the odor problem to worsen are open questions that may become clear after discovery."
Court: USDC Maine, Judge: Torresen, Filed On: September 12, 2023, Case #: 1:22cv305, NOS: Torts to Land - Real Property, Categories: environment, Tort, zoning
J. Robie finds that the trial court properly upheld a county's certification of a 848-acre multi-use development. The climate change analysis in the project's environmental impact report relied on a methodology that was never rejected by state appellate courts as alleged by an opponent of the project. The methodology the county used did not compare the project's greenhouse gas emissions with a "statewide business-as-usual goal," which the lead agency did in a case cited by the opponent. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: September 7, 2023, Case #: C095631, Categories: environment, zoning, Housing
J. Heidel finds that the trial court properly held that short-term rentals of accommodations within the coastal zone are not "developments" that require permits under the Coastal Act. Changes in land use density or intensity are considered developments under the Act, but requiring a permit any time the number of occupants at a residence changes is not reasonable or practical, and using a residence as a short-term rental is still a residential use and not a change in use. Affirmed.
Court: California Courts Of Appeal, Judge: Heidel, Filed On: September 5, 2023, Case #: B317485, Categories: environment, zoning
[Consolidated.] J. Humes holds that the trial court properly found that a town was within its discretion to deny an application to develop a 186-acre property for safety and environmental reasons. The town's land-use actions did not amount to a regulatory taking and neither side preserved their inverse condemnation arguments. The "Study" land-use designation did not deprive the owners of equal protection or due process because the town had a rational basis for its actions and the owners were still able to pursue development. But the town must amend the property's "Study" land-use designation, which is non-conforming. The owners are not due costs and attorney fees because they had clear financial incentives to pursue litigation. Affirmed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: July 19, 2023, Case #: A163636, Categories: environment, zoning, Housing
J. McConnell finds that the trial court properly denied a city writ relief in the city's challenge to a utility district's plan to build a solar project. A five-year delay between the city's complaint and its assertion that the project is ineligible for the state renewable energy self-generation bill credit transfer program supports the determination that laches bar the claim. And the city failed to prove the project is outside the utility district's geographical boundary. Also, substantial evidence supported the utility district's no-feasible-alternative determination. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: July 12, 2023, Case #: D079956, Categories: Energy, environment, zoning
J. Sanchez finds that the trial court properly rejected a combined land use and Environmental Quality Act challenge to the approval of a mixed-use housing project. The city had discretion to determine whether the mixed-use project qualified for its "residential village" land use category. The developer was not required to create a new environmental impact report to address traffic, hazardous materials and other issues that were adequately addressed in the original report or by subsequent expert reports. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: July 7, 2023, Case #: G061427, Categories: environment, zoning, Housing
J. Blake finds that a land court judge correctly determined a zoning board of appeals was wrong to deny a special permit to an applicant looking to build a pier over a saltmarsh. The area at the end of the pier, where the pier would touch the water, is a tidal flat just past the saltmarsh, not a tidal creek that is part of the saltmarsh. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: July 6, 2023, Case #: 22-P-803, Categories: environment, zoning, Water
J. Irion finds that the trial court properly determined that a city violated the Environmental Quality Act when it approved a ballot measure excluding a development plan from a zoning ordinance's 30-foot height limit on new construction. The administrative record shows that a previous environmental impact report on which the city relied to meet Act requirements did not consider the impacts of excluding the development from the height limit, and the ballot measure was not a later activity within the scope of the earlier report. Affirmed.
Court: California Courts Of Appeal, Judge: Irion, Filed On: June 23, 2023, Case #: D080071, Categories: environment, zoning