79 results for 'cat:"Property" AND cat:"Zoning"'.
J. Schroeder remands this zoning dispute in which a group of property owners claim that the rezoning of a nearby lot in order to build a school violates their Second Amendment rights and state laws. The owners allege that based on state law, they would not be permitted to carry firearms on a private lane — which is their only entrance and exit to a public road — that divides the rezoned property. The parties request the court to use supplemental jurisdiction because, they argue, the state claims are similar enough to the Second Amendment claim that it is warranted. However, because the court does not have original jurisdiction over any of the claims, it cannot use supplemental jurisdiction and the claims must be remanded for a lack of subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: May 7, 2024, Case #: 1:23cv797, NOS: Other Civil Rights - Civil Rights, Categories: property, zoning, Jurisdiction
J. Hurst finds a lower court properly dismissed a property company's motion for judicial review concerning a city's denial of a development application. The property company argued that it was entitled to construct a luxury residential development on 29 acres in close proximity to a highway. However, the city sufficiently showed in court that the application did not meet the three- fourths majority vote to approve the development, and that it has discretion to deny applications that are for rezoning efforts that do not conform to local ordinances. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Hurst, Filed On: April 26, 2024, Case #: 125734, Categories: Construction, property, 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. Belsome find that the trial court properly upheld the Vieux Carre’ Commission’s denial of a property owner’s proposal to modify its building in the French Quarter. In this case, the commission’s recommendation was based on preserving the “tout ensemble” of the historic property with its original architectural features. The commission’s guidelines require “the stoop or stairs be retained at each historic door entrance even if no longer in use.” Since the commission decided to preserve the distinctive character of the French Quarter, the denial of the permit to modify the building is reasonable and not arbitrary. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: April 15, 2024, Case #: 2023-CA-0613, Categories: property, zoning
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J. Collins finds that the trial court improperly dismissed a farm's motion seeking a writ of certiorari after the city of Greenville granted a special use permit to allow the construction of a firearm range because the city waived the opportunity to claim a procedural defect due to the fact that the farm incorrectly named the city in the complaint. Reversed.
Court: North Carolina Court of Appeals, Judge: Collins, Filed On: April 2, 2024, Case #: COA23-662, Categories: Civil Procedure, property, 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. Osteen grants a municipality’s motion to dismiss allegations that a new ordinance that puts limitations on short-term rentals is in violation of the state constitution. A couple who owns a short-term rental property in the municipality brings this action. Because the couple also has an underlying suit pending in state court, this action is dismissed, but the couple can bring a new action after the state suit has resolved.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 29, 2024, Case #: 1:22cv102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, property, zoning
[Consolidated.] J. Thompson upholds the zoning commission's approval of a planned-unit development application. Upon remand from the court of appeals, the commission sufficiently explained its reasoning, specifically addressed racial equity issues and considered the existing community when approving the application. Affirmed.
Court: DC Court of Appeals, Judge: Thompson, Filed On: March 21, 2024, Case #: 22-AA-0554, Categories: property, zoning
J. Wozniak orders proceedings to determine if a county is entitled to trial court attorney fees despite an earlier denial of appellate attorney fees. The county prevailed in a dispute with a property developer over density requirements, and is entitled to trial court fees if it can prove the property owner failed to accept its bona fide settlement offer. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: March 8, 2024, Case #: 6D23-879, Categories: property, zoning, Attorney Fees
J. Brown finds that the trial court properly held that a city's nuisance determinations were procedurally fair since they rested on zoning violations. But the city's appeals process for both zoning and building code violations that involves a single hearing officer is preempted by state law. The city must establish an appeals board or agency or allow its governing body to hear appeals as required by state law. Reversed in part.
Court: California Courts Of Appeal, Judge: Brown, Filed On: March 6, 2024, Case #: A167719, Categories: property, Preemption, zoning
J. Brody finds the trial court properly upheld a county's denial of a developer's preliminary application for a subdivision. The denial was supported by evidence that a single, gated point of egress would pose a danger for residents seeking to evacuate in an emergency. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: March 5, 2024, Case #: 50197, Categories: property, zoning
J. Brown denies summary judgment to a Long Island village and its planning board on a family estate’s constitutional takings claim. The estate alleges the village wrongfully denied three applications to build a dock on its waterfront property over a nine-year period. The village ultimately granted their application for the work in 2019, but only after the courts intervened. Federal courts find claims for regulatory taking are not rendered moot even though the underlying action is remedied. The court further finds the claim is timely.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: March 1, 2024, Case #: 2:19cv5760, NOS: Other Civil Rights - Civil Rights, Categories: property, zoning
J. Bell partially grants a group of short-term rental property owners their motion to remand this case to state court; they sued a county for allegedly violating of state and federal zoning laws. The group maintains that the county instituted an ordinance prescribing how the properties are used as a form of unfairly condemning the properties. The group’s state law claims will be remanded, but its federal claims will proceed, as the parties were unable to voluntarily resolve their dispute.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 26, 2024, Case #: 5:24cv3, NOS: Other Civil Rights - Civil Rights, Categories: Government, property, zoning
J. Penzato finds that the trial court properly ruled in favor of the property owners in a neighbor's suit challenging the city adjustment board's granting of a zoning variance that allowed the owners to add a fourth driveway. The neighbor lacked a cause of action against the owners, who were correctly dismissed from the suit since they were not "indispensable parties." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: February 23, 2024, Case #: 2023CA0658, Categories: Civil Procedure, property, zoning
J. Riley finds that the trial court properly held that the zoning board used baseless conjecture to determine that a proposed drug treatment center posed dangers to nearby residents, who lived a half-mile away. Meanwhile, evidence does not indicate that the treatment center's need for an expanded parking lot poses a risk to the nearby agricultural area. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: February 21, 2024, Case #: 23A-MI-1733, Categories: property, zoning
J. Mollway grants summary judgment to Hawaii and its land use commission, determining that its conversion of a parcel of land back to agricultural from urban use did not constitute a taking from the land developer, who did not build affordable housing on the land as it had promised for decades. The developer has no standing as it had transferred its interest in the property.
Court: USDC Hawaii, Judge: Mollway, Filed On: February 12, 2024, Case #: 1:17cv113, NOS: All Other Real Property - Real Property, Categories: property, Real Estate, zoning
J. Mollway rules on several motions in limine in a lawsuit over the state reverting a property from urban to agricultural use and preventing a developer from using it. For example, several motions related to evidence of the developer’s contractual damages are granted as they are irrelevant to its taking claims. Motions and evidence that remains include information about the reverting order and testimony about the property value.
Court: USDC Hawaii, Judge: Mollway, Filed On: February 6, 2024, Case #: 1:17cv113, NOS: All Other Real Property - Real Property, Categories: Government, property, zoning
J. Altice finds that the trial court properly held that property owners were not required to exhaust all remedies before seeking an injunction to stop the building of a residential facility for dementia patients. Construction was properly halted because evidence indicated the group home likely did not meet all zoning requirements. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: February 2, 2024, Case #: 22A-PL-2931, Categories: Civil Procedure, property, zoning
J. Pagan finds the Land Use Board of Appeals (LUBA) properly ruled that petitioner was not relieved from compliance with county requirements for building a relative farm help dwelling. The law in question “applied only to housing within an urban growth boundary.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: January 31, 2024, Case #: A182319, Categories: property, zoning
J. Kamins finds the Land Use Board of Appeals properly interpreted the law when it remanded the Deschutes County Board of Commissioners’ approval of a rezoning application. “Consideration of whether land is agricultural land…must include consideration of whether the land’s resource designation and zoning is necessary to permit farm practices to be undertaken on adjacent or nearby agricultural lands.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 24, 2024, Case #: A182073, Categories: property, zoning
J. Clark finds the lower court erroneously dismissed the drug addiction center's appeal of the zoning commission's denial of its application for a permit to construct a greenhouse. The greenhouse could be considered an acceptable intensification of the center's current nonconforming use permit. Additionally, because the proposed greenhouse would reflect the original nature of the nonconforming use permit - namely, to allow the center to grow fruits and vegetables for its residents - the court's determination it was an illegal expansion was also erroneous. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: January 19, 2024, Case #: AC45972, Categories: property, zoning
J. Ross dismisses a complaint brought by two property developers that alleges officials for an Eastern Long Island township withheld the release of two performance bonds in connection with two separate housing developments until certain tasks not originally included in the bonds were completed. The court finds applicable town and state law grant the township a great deal of discretion over whether to release a developer from a performance bond, and the developers are not entitled to the release of their bonds.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: January 17, 2024, Case #: 2:22cv7834, NOS: Other Statutory Actions - Other Suits, Categories: Construction, property, zoning
J. Griggsby grants the commissioners’ motion to dismiss this recovery center’s complaint for Fair Housing Act and Americans with Disabilities Act violation after a special exception and use and occupancy permit was denied. The zoning code does allow for an eight bed multi-resident living facility, but the recovery center alleges FHA and ADA discrimination by allowing another center to operate a 16-bed facility. The commissioners did approve eight beds as stated in the zoning code. Therefore, the recovery center fails to show evidence of FHA and ADA violations.
Court: USDC Maryland, Judge: Griggsby, Filed On: January 12, 2024, Case #: 1:23cv714, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, property, zoning
J. Salter finds that the circuit court improperly granted summary judgment in a matter in which The McCook County Board of Adjustment determined that five lots owned by an individual in an area zoned for agricultural use did not include individual building eligibilities under a zoning ordinance. The lower court erroneously supplanted a plain application of the text with a determination of the County's intent to hold that the lots were not buildable. Reversed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: January 10, 2024, Case #: 2024SD2, Categories: property, zoning
J. Funke finds the county board of equalization improperly upheld the district court's denial of the property developer's agricultural status application. The developer kept farming leases on the property after its purchase, pending development, in order to maintain the existing status. The board erroneously determined the property’s use after the official date for making the determination, while evidence does not show the property was not primarily used for agriculture before that date. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 5, 2024, Case #: S-22-888, Categories: Agriculture, property, zoning