42 results for 'cat:"Municipal Law" AND cat:"Zoning"'.
Per curiam, the Supreme Judicial Court of New Hampshire reverses an order upholding the determination that two owners of a trailer are not allowed to rent out their travel trailer for short term occupancy. The plain language of the relevant zoning ordinance allows such short-term occupancy rentals. Reversed.
Court: New Hampshire Supreme Court, Judge: Per curiam, Filed On: May 14, 2024, Case #: 2023-0189, Categories: municipal Law, zoning, Housing
J. Cabell denies a mayor’s motion for judgment as a matter of law, or alternatively a new trial, related to a verdict in favor of a developer on the developer’s contractual interference claim against the mayor, after city officials denied the developer permits he needed to develop a subdivision of homes. The mayor claims the use of the word “or” in the verdict form makes it unclear which contract he is determined to have interfered with, but the mayor raises this argument too late and had the opportunity to have done so earlier.
Court: USDC Massachusetts, Judge: Cabell, Filed On: May 1, 2024, Case #: 1:16cv11575, NOS: Other Civil Rights - Civil Rights, Categories: municipal Law, Real Estate, 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. 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
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J. Orme finds that the district court properly upheld a city's denial of a retail tobacco specialty business license. The legislature delegated licensing authority to the city and statute forbids the operation of a retail tobacco specialty business without a license. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: April 11, 2024, Case #: 20220101-CA, Categories: municipal Law, 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
J. Seibel denies a hotel’s motion to stay the court’s remand order in this matter of alleged violations of municipal code and zoning law. A town sued a hotel for violating construction and zoning laws arising out of a plan to use the hotel to house asylum seekers for a period of four months. The town filed a motion for the matter to be remanded to state court, which was granted, but the hotel argues the matter is under federal jurisdiction as it is a civil rights matter. The instant court finds the hotel has not presented sufficient evidence to support granting a stay.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: April 8, 2024, Case #: 23cv4212, NOS: General - Habeas Corpus, Categories: Civil Rights, municipal Law, zoning
Per curiam, the Massachusetts Court of Appeals supports upholding a cease-and-desist against a homeowner running a reptile breeding facility in his home, in which he breeds bearded dragons, turtles and insects intended to be the reptiles’ food. These animals are not agricultural, bearded dragons are not customary pets, and even if turtles are customary pets, keeping 60 in a basement is not customary. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: March 21, 2024, Case #: 23-P-332, Categories: municipal Law, zoning, Injunction
J. Vanek finds the trial court properly ruled in favor of the township, which had denied a cannabis retailer license to the store. The store has not shown the township acted arbitrarily in withholding support for the license application, and just because it had received a zoning permit did not guarantee it any other rights. Affirmed in part.
Court: New Jersey Appellate Division, Judge: Vanek , Filed On: March 18, 2024, Case #: A-1755-22, Categories: municipal Law, zoning
Per curiam, the appellate division finds that the trial court properly dismissed the petition, which sought to reverse the town's housing zoning law's definition of "family" and its prohibition of two-family dwellings. The zoning authority did not act arbitrarily in determining the property was not grandfathered in, nor was it acting arbitrarily when it denied the rental permit for a single-family dwelling with an eight-person occupancy load. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: CA 22-01128, Categories: municipal Law, zoning
J. Fitzwater grants, in part, non-party city officials request to quash and for a protective order in a company's property zoning dispute. Certain topics pertaining to city council and the zoning commission's actions and communications are protected by legislative privilege.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: January 29, 2024, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: municipal Law, zoning, Discovery
J. Georges affirms a decision granting a town’s motion for summary judgment against some of the town’s residents who brought suit against the town to compel it to transfer municipal land to its conservation commission. However, the disputed land is designated for affordable housing and cannot be used for another purpose unless the town’s select board determines it isn’t needed for affordable housing.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: January 5, 2024, Case #: SJC-13410, Categories: municipal Law, zoning, Housing
J. Johnson reverses the town's denial of a property owner's application for private access to a public road. The town board's reasons for denial are variously not within the regulatory purposes specified in an applicable state statute or not supported by sufficient evidence. These reasons include determinations that the property owner had not shown good cause for a second entrance to its property, that the property is equally accessible from the existing entrance, that the road was created by subdivision plats which do not include the property, that the road is part of a "subordinate service district" that does not include the property, that the proposed agricultural use of the property is "incompatible with the character" of the residential street, and that it could cause "liability, drainage and maintenance problems." Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 18, 2023, Case #: A23-0372, Categories: municipal Law, Property, zoning
J. Acree finds that the city board of adjustment improperly granted a permit and setback variance to enable a church to construct a grotto behind its property because boards of adjustment are prohibited by statute from granting variances which contradict zoning regulations and from enlarging or extending previously existing nonconforming uses. Reversed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: December 1, 2023, Case #: 2022-CA-0867-MR, Categories: municipal Law, zoning
J. McShan finds that the lower court properly dismissed a challenge to the decision to grant easements to facilitate construction of a pedestrian bridge and a public plaza for lack of standing because plaintiff did not suffer an "injury in fact" beyond that of any commercial neighbor from increased traffic and added competition. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: November 2, 2023, Case #: 535239, Categories: municipal Law, Property, zoning
J. Doyle finds that the trial court improperly ruled in favor of the city in a declaratory judgment action brought by the hospital authority arising after the city refused to allow the hospital authority to sell a property to a buyer wishing to operate a drug and alcohol treatment facility. Although the trial court correctly found that the hospital authority is immune from the city's zoning ordinances, the trial court incorrectly found that a third-party purchaser intending to operate a treatment facility at the property could not do so without first obtaining a conditional use permit. The city failed to show that the proposed facility would provide substantially different services than the previous uses at the property under the hospital authority. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 27, 2023, Case #: A23A0795, Categories: municipal Law, Property, 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
J. Gruber dismisses this appeal of the circuit court’s dismissal of the owner’s appeal of a “final administrative decision” of the city council denying his request to rezone his real property. The property had been used as residential apartments, and the owner had been issued occupation licenses yearly even though the property was zoned as a highway commercial district. After his request was denied, he was allowed to continue nonconforming use of the property. The record demonstrates that the owner failed to exhaust administrative remedies, which leaves the circuit court and the court of appeals without subject matter jurisdiction. Dismissed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 4, 2023, Case #: CV-21-549, Categories: municipal Law, Property, zoning
J. Worthen finds the trial court properly denied the city’s plea to the jurisdiction in favor of the developers who had secured temporary certificates of occupancy in a building governed by an ordinance the city sought to pass precluding residential use. The developer’s pleadings support subject matter jurisdiction. The city’s contention that the developer’s claim for violation of the Open Meetings Act as unripe is without merit. Though, because the city had not acted on a permit application when the court denied its plea to the jurisdiction, its claim under local code governing permits was not ripe for disposition. Affirmed in part. Reversed in part and remanded.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: September 1, 2023, Case #: 12-22-00312-CV, Categories: municipal Law, Property, zoning