The plaintiff in the case owns property in the town of Brookhaven on which he has a house, a pool, and various other buildings. The plaintiff sought approval from the town to construct three new structures, to legalize a few structures already built, and to perform an expansion of his house. After hearings and testimony, [...]
Interstate, an outdoor advertising company, applied for permits to construct billboards on two lots in a commercial zone. The applications were denied as billboards were only allowed in Planned Industrial Zones and must meet certain size requirements and setback limitations. Interstate appealed, claiming that the ordinance created a de facto exclusion of Billboards. They claimed [...]
Liberty Temple Church is a small congregation that had been holding services in a Holiday Inn. They sought their own home and began looking for locations. The landlord at the first location informed the Church that the Mayor was against any more churches moving into the town. The Church then consulted with the Mayor who [...]
Appellee is attempting to construct a solar energy farm in Vermont an applied for a certificate of public good. The Public Service board, after evaluating evidence presented to it by the Proposal for Decision (PFD), granted it. Appellant, an owner of property near the planned construction site, claims that the Board erred in their granting [...]
Appellant, a scrap metal recycling business, operated lawfully in a commercial zone in Sheboygan. Over the years, the business expanded and began to resemble a junkyard. The city plan commission determined that the business had evolved into a use not allowed under the zoning code and in order to continue to operate, the owner needed [...]
The petitioners own lake-front property in the town of Arietta. The property is zoned for single or multi-family residential use and contains a six-bedroom house. The petitioners intended to use the house as a second home but once they bought the property, they advertised it on the internet as a vacation rental and also joined [...]
The Wisconsin Supreme Court upheld the town’s nonmetallic mining ordinance, enacted as a general police power regulation, against a challenge that it was an improperly adopted zoning ordinance. Background on the Town and the Police Power Authority to Adopt the Ordinance The Town of Cooks Valley is an unzoned town located in Chippewa County. Chippewa [...]
Dear Readers, I am pasting in a press release announcing exciting news — later this summer I will assume the position of Dean of the Touro Law Center in Central Islip, New York. This is a very exciting move and the school is located in an area ripe for even more land use work! I [...]
Plaintiffs are affiliated with the Orthodox Jewish community and sought to construct Kiryas Radin, a religious and educational facility. The defendants are four neighboring villages who challenged plaintiff’s proposal in a state court action (“Chestnut Ridge action”). The defendants alleged that the project would have a negative impact on traffic, water, sewer, and the overall [...]
Petitioners applied to the town board for a special use permit to construct a two-story apartment building in the town of West Seneca. Following a denial, petitioners brought an Article 78 action and the trial court found that the board’s denial was arbitrary and capricious and ordered the town to issue a special use permit [...]
McGarrell purchased property, on which there was a then existing, single-family, bungalow-style home, in which the original construction of the house predated the Boston zoning code. McGarrell needed to replace the home due its dilapidation, and because of the size and shape of the lot, any replacement would violate existing dimensional zoning requirements. However, he [...]
T-Mobile received complaints about a gap in coverage in the area of Newport News, Virginia, and identified R.O Nelson Elementary School as a target location for a new wireless communication tower. Under the local zoning ordinance, construction of the tower required a conditional use permit to be issued. In April 2008, T-Mobile submitted an application [...]
Plaintiff Sinclair and another resident own adjacent residential parcels. The other resident contracted with New Cingular Wireless PCS, LLC to install a 103-foot cellular transmission tower on her parcel of land. The steep topography of her land classified it under the Albemarle County Code as a “critical slope,” which under the Ordinance, it restricts construction [...]
In 1997 Salt Lake County required B.A.M. to dedicate a 40 foot right of way based on the County’s road width standards which were based on recommendations from UDOT and the Wasatch Front Regional Council (WRFC). After UDOT and WFRC informed the County that the standard had been increased to 53 feet, the County advised [...]
East End Ventures submitted a plan for a condominium project in the Village of Sag Harbor. The Village applied their amended zoning code to the condominium project. East End Ventures sued the village, alleging violation of Equal Protection for “selectively enforcing the amended zoning code against them and not against a similar project.” The plaintiffs [...]
