8 results for 'cat:"Municipal Law" AND cat:"Property" AND cat:"Zoning"'.
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. 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
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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
Per curiam, the appellate division finds that the lower court properly annulled the town planning board's determination that the car dealership failed to satisfy a condition of its special use permit - that it provide proof it had the right to use an adjacent property owned by a third party. The dealership provided documentation that it had permission to use the subject parking area from its landlord, who claimed ownership over the area via adverse possession. The Board had no basis to require the dealership to resolve the legal uncertainty surrounding the landlord's ownership of the subject property to satisfy the condition of its permit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 31, 2023, Case #: 02879, Categories: municipal Law, property, zoning