Since the 1950’s, the subject property in this action was considered a duplex, and due to zoning changes, was also a legal nonconforming use. The petitioners in this matter, Rosema, sought an interpretation under the code, questioning whether the subject property’s nonconforming use status had lapsed as abandoned. The City of Seattle’s Department of Planning [...]
The Board of County Commissioners of Charles County, after holding hearings and conducting a site visit to the subject property, granted a conditional special exception to WSG Holdings, allowing WSG to construct a research facility – a use not permissible in the zone district. Municipal residents appealed this determination the Circuit Court for Charles County [...]
This case is one of three challenging the decision of the City of Baltimore to create a Planned Unit Development in the area of north central Baltimore. Previously, the Circuit Court for Baltimore City determined that the challengers, in this matter Ray and Coyne, lacked standing to bring the challenge, and they appealed from this [...]
Following denial of a special permit application, the trial court annulled the Board’s decision and the Town appealed. The Town claimed that the petition should not have been heard by the Supreme Court because it was untimely filed more than 30 days after the determination. However, the appellate court found the petition timely as it [...]
Plaintiff is the owner of thirty seven acres of land originally zoned commercial. Interested in developing the land, Plaintiff retained a developer who submitted a proposal to build a condominium building on the property. On the same day, the city rezoned an area of the city, including approximately thirty of plaintiff’s acres to residential/conservation. Under [...]
The Emmanuel Brethren Assembly Church sought a variance to use their building to host church services. The zoning laws requires this type of use to have at least twenty-five off street parking spaces and the property only had room for twelve. After four hearings, the zoning board of appeals denied the church’s request. The church [...]
Burns Holding purchased a parcel of property in Teton County, Idaho near the city of Driggs to construct a concrete plant. Although the land was not part of the city, it was within the city impact area and, thus, the city’s zoning laws apply. As part of a Driggs’ zoning ordinance, no building was allowed [...]
Plaintiffs purchased and began new construction and repairs on residential property. Shortly after, the town code enforcement officer discovered plaintiffs had failed to obtain a building permit and issued a stop work order. Plaintiffs applied for the permit, however, the application was denied because the plaintiff’s lot was too small for their intended use. Plaintiffs [...]
For the past decade, the Village had been concerned with providing additional affordable housing. One facet of this plan was for the Housing Opportunity for Growth Advancement (HOGAR) to purchase the Graziosi Building. HOGAR attempted to purchase the building, but failed, and the plaintiff ended up purchasing the building. After the plaintiff’s purchase of the [...]
Appellant owns two lots in an unincorporated portion of Pinal County, housing multiple mobile homes and numerous unlicensed and inoperable vehicles. After a hearing, she was found in violation of the code and fined $700 a day for every day the violations continued. After three years, the County filed an action seeking relief for uncorrected [...]
This case arises out of the plaintiffs’ desire to construct wind farms on their property in the county of Wabaunsee. The county had so specific zoning regulations regarding wind farms except that any structure above a certain height—presumably the height of a wind turbines—would require a conditional use permit. Thus, to resolve the issue, the [...]
The plaintiff owns a two family house in the City of Peekskill. During the plaintiff’s ownership of the house, it became a nonconforming use. Due to a grandfather clause, the plaintiff was able to continue the two family use so long as it was not abandoned for a period one year. On August 16, 2007 [...]
The plaintiff, via order to show cause, sought to compel the Town to utilize the findings of the previously conducted SEQRA process rather than hiring an outside consultant at the plaintiff’s expense to examine the same environmental issues. The trial court framed the issue as “whether the SEQRA issues are subject to renewed consideration as [...]
Defendant City of Bridgeport requested proposals for development of a waterfront site. Plaintiff Bridegport Renaissance Center’s proposal was selected by the city and a development agreement was signed. Plaintiff alleges that city officials began demanding bribes from contractors seeking to work with the city. Plaintiff purportedly refused to participate in the bribery scheme and, thus, [...]
The city of Pasadena, Texas enacted an ordinance requiring used car dealerships to be at least 1000 feet from an existing used car dealership (“1000 rule”) and at least 150 feet from a residential area (“150 rule”) to obtain a license. The city ordinance includes a grandfather clause that allows a pre-existing dealership, who has [...]
