16 results for 'cat:"Real Estate" AND cat:"Zoning"'.
J. Douglas finds that the lower court properly granted partial summary judgment to the neighboring property owner in this dispute involving "a contract zone agreement" that would have allowed for development of certain real property. The 2017 agreement was rendered null and void pursuant to a certain permit deadline. The 2021 agreement is also void based on the city's violation of its contract zoning ordinance. Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: May 2, 2024, Case #: 2024ME32, Categories: real Estate, zoning
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
J. Peterson denies a business owner’s motion for preliminary injunction. Two lawsuits are in play over the use of a particular piece of city-owned land: one is pending and there is the instant matter. The instant court finds there is significant overlap in the two cases and the instant matter should be combined with the first lawsuit. The instant court issues an order to consolidate and denies the business owner’s motion for preliminary injunction.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 15, 2024, Case #: 24cv135, NOS: All Other Real Property - Real Property, Categories: real Estate, zoning
J. Ortego finds that the lower court properly upheld the city council's decision to reverse the zoning commission's granting of the owner's application to subdivide a property. There was a "legitimate public concern" that construction of the proposed development would exacerbate flooding in the area, so a drainage plan was necessary. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 6, 2024, Case #: CA-23-620, Categories: real Estate, 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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Blake vacates the disbursement of a surety bond meant to cover the attorney’s fees and costs of a real estate developer and an appeal board being sued by a man who opposed the developer being granted variances to construct an addition to a residential building. Prevailing in the first appeal does not automatically entitle the developer to disbursement of the bond.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: January 18, 2024, Case #: 22-P-974, Categories: real Estate, zoning, Attorney Fees
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. Frierson finds that the lower court properly granted a property owner’s motion to dismiss. A property owner advertised and rented a home as a vacation rental. A neighbor and fellow property owner asked the property owner to discontinue renting out the property as it violated neighborhood restricted covenants, but the property owner refused, resulting in the instant litigation. The lower court dismissed the matter and declined to consider its merits, correctly finding that the neighbor failed to join all of the real property owners in the subdivision per the requirements of the Tennessee Declaratory Judgments Act. Affirmed.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: October 27, 2023, Case #: E2023-00021-COA-R3-CV, Categories: Property, real Estate, zoning
J. Suarez finds the trial court properly granted the developer's motion for summary judgment based on evidence the housing lots were not subject to a common development plan to restrict construction of multifamily housing and had not been transferred to the current owners by a "common grantor." The original owner and subdivider of the land in question did not include any type of restrictive covenant on future developments and, therefore, the owners of single-family homes in the development cannot stop construction of a multifamily home that meets all zoning requirements. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: August 25, 2023, Case #: AC45645, Categories: Property, real Estate, zoning
Per curiam, the court of civil appeals finds that the lower court properly entered a judgment "affirming a final decision of a county board of adjustment," which overturned the issuance of a land-use certificate. The appellants are land owners that had sought the certificate to construct lodging on property "just north of an existing marina." The board had jurisdiction to hear the appeal, and its decision was "supported by the evidentiary record and the pertinent zoning ordinance." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: August 11, 2023, Case #: CL-2022-0697, Categories: Administrative Law, real Estate, zoning
J. Athey finds the lower court improperly declared a new property line in this real estate matter. Homeowners claim their neighbors constructed a fence on their property, and complain that bamboo that the neighbor planted is growing onto their property as well, creating a nuisance. While the lower court properly determined that the bamboo from the neighbor’s yard had encroached on the homeowner’s property creating a nuisance, it did not have jurisdiction to declare a new property line. The matter is remanded for further consideration. Reversed in part.
Court: Virginia Court Of Appeals, Judge: Athey, Filed On: August 8, 2023, Case #: 0754-22-4, Categories: real Estate, zoning, Jurisdiction
J. Barbador denies both parties’ motions for summary judgment in a case where real estate developers are suing a town for violation of the Fair Housing Act by placing a year-long moratorium on issuing new building permits and approving new site plans, as well as adopting an ordinance that limits new residential construction, directly following the real estate developers’ proposal to develop affordable housing. The town’s claims that the developers failed to submit a formal site plan and that their proposed project fails to comply with an ordinance that has nothing to do with the moratorium they enacted fail to stand up under scrutiny because both claims relate to the specific development plan that was rejected rather than the proposed development and its goals.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: July 7, 2023, Case #: 1:21cv770, NOS: Housing/Accommodations - Civil Rights, Categories: real Estate, zoning, Housing
J. McGee finds the lower court properly affirmed the decision of the Metropolitan Historic Zoning Commission (MHZC) to disapprove a homeowner’s application for demolition of the historic home he owned. Though the owner had plans for creating additional living space in the home, the contractor he hired jeopardized the home’s structural integrity. The MHZC then voted to require reconstruction of the home using specific criteria. The owner then conveyed the property to his son who then submitted his own application for demolition of the property. The MHZC considered the application a request for rehearing and denied it. The lower court supported the decision, as does the instant court. Affirmed.
Court: Tennessee Court of Appeals, Judge: McGee, Filed On: July 3, 2023, Case #: M2022-00850-COA-R3-CV, Categories: real Estate, zoning
J. Dailey finds that the trial court properly dismissed a complaint by a condominium unit's former owner seeking to assert ownership rights over unused floor space in the former unit. The city's land use code is silent on whether the floor area ratio should be treated a common element, but that does not mean that unused floor space represents a severable interest. Affirmed.
Court: Colorado Court Of Appeals, Judge: Dailey, Filed On: June 1, 2023, Case #: 22CA0700, Categories: real Estate, zoning
J. Connors finds that the landowner's appeal to the town's board of appeals was untimely in this matter concerning the issuance of certain building permits to a neighboring property owner. The board erred in its conclusion that there was good cause for the landowner's delay, and the decision on the merits must vacated. A separate appeal regarding the certificate of occupancy was properly dismissed for failing to state a claim. Vacated in part.
Court: Maine Supreme Court, Judge: Connors, Filed On: May 23, 2023, Case #: 2023ME30, Categories: Municipal Law, real Estate, zoning