6 results for 'cat:"Municipal Law" AND cat:"Zoning" AND cat:"Housing"'.
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. 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. Chambers denies the nonprofit corporation’s motion to dismiss the city’s suit for declaratory judgment that the Fair Housing Act and Americans with Disabilities Act do not exempt the nonprofit’s 14 sober living homes from inspection by the city fire marshal under municipal building and fire codes. The court finds “that a judgment in the case would likely ‘serve a useful purpose’ in settling the issue of whether The Lifehouse may avoid Huntington’s inspections and regulations in totality.”
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: July 13, 2023, Case #: 3:22cv402, NOS: Housing/Accommodations - Civil Rights, Categories: municipal Law, zoning, housing
[Modified.] J. Hull modifies a short-term rental opinion and denies a petition for rehearing with no change in judgment. The trial court, which rejected a challenge to a city measure that prohibits short-term rentals in parts of South Lake Tahoe, properly found that property owners did not have vested property rights in short-term rental permits. However, resident property owners sufficiently pleaded that the measure facially discriminates against interstate commerce, so the trial court must determine if the city can show that a carve-out that allows residents to rent out their homes for 30 days per year cannot be adequately satisfied by nondiscriminatory alternatives. Reversed in part.
Court: California Courts Of Appeal, Judge: Hull, Filed On: July 12, 2023, Case #: C093603, Categories: municipal Law, zoning, housing
J. Petrou finds that the trial court improperly held that a city's 2005 loan agreement with a developer barred the later imposition of impact fees on the project. The agreement cannot be interpreted in a way that infringes on the City's police powers to enforce affordable housing, transportation and capital improvement impact fee ordinances. Reversed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: June 22, 2023, Case #: A164315, Categories: municipal Law, zoning, housing
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J. Hull finds that the trial court, which rejected a challenge to a city measure that prohibits short-term rentals in parts of South Lake Tahoe, properly found that property owners did not have vested property rights in short-term rental permits. However, resident property owners sufficiently pleaded that the measure facially discriminates against interstate commerce, so the trial court must determine if the city can show that a carve-out that allows residents to rent out their homes for 30 days per year cannot be adequately satisfied by nondiscriminatory alternatives. Reversed in part.
Court: California Courts Of Appeal, Judge: Hull, Filed On: June 20, 2023, Case #: C093603, Categories: municipal Law, zoning, housing