Hillcrest Property LLP v. Pasco County, 2013 WL1502627 (M.D. Fla.) involved defendant’s “Right of Way Preservation Ordinance” as a means of avoiding payment to landowners through whose property designated existing and future transportation corridors ran. If no development were requested, the County may acquire the property through traditional eminent domain means, but if a development […]
Following the granting of special exceptions and use variances for an application for an autobody business located on a split-zoned parcel, which allowed it to add an addition to the existing premises as well as provide for parking on a portion of the property zoned residential, neighbors appealed. The appellate court determined that the board […]
The Village zoning board of appeals determined that the petitioners proposed use of a coop in his backyard for the housing of about 40 racing pigeons did not qualify as “a reasonable number of household pets,” under the applicable zoning code. In reaching this determination, the board considered evidence as to how the birds would […]
The Tines purchased a lakefront property in Lebanon, Conn., in 1999 and obtained a variance to build a single-family residence which would extend 35 feet into a prohibited setback area designed to preserve the lake’s water quality. The variance application did not include any plans for a deck. The Zoning Board approved the variance, as […]
Since zoning boards have broad discretion in considering requests for area variances, where the relevant statutory factors are weighed and where the record demonstrates, such as in this case, that the board had a rational basis for the denial, the Court will uphold the zoning board’s determination. Further, the Court upheld the board’s treatment of […]
The Town of Hempstead challenged a determination of its zoning board of appeals which granted a special permit to allow the use of a deck above a waterway for the outside consumption of food subsequent to the Town’s refusal to grant a permit for such use. The appellate court noted that the board’s determination was […]
CCS.com USA, Inc. (“CCS”) appealed from an award of summary judgment in favor of the Town of Brookhaven and various town officials on CCS’s procedural due process claim for damages under 42 U.S.C. §§ 1983 and 1988, and its claims for a declaratory judgment and equitable relief. The facts of the controversy are scant, but […]
Arbor Realty Funding, LLC (“Arbor”) brought a legal malpractice action against its former attorneys as a result of the attorneys providing erroneous legal advice. The trial court dismissed and an appeal ensured. The defendants argued that their allegedly erroneous legal advice relating to zoning issues did not proximately cause its client’s loss on defaulted loans […]
Blue Ridge Shadows, LLC (“BRS”) was D.R. Horton, Inc.’s (“Horton”) predecessor in title. BRS, a real estate development company, petitioned the Board of Supervisors of Warren County (“Board”) to rezone a tract of land from agricultural to suburban residential. As part of the approval process, BRS submitted a number of written “proffers” as inducements for […]
The Maddalonis’ own residential property in the Village of Head of the Harbor (“Village”) adjacent to Stony Brook Harbor. In 2007, they submitted a site plan application seeking to demolish the existing residence and construct a new single-family residence with a pool and pool house. As per the Village Code, the site plan was reviewed […]
Oakwood Property Management, LLC (“Oakwood”) operates a landscaping business in the Town of Brunswick. In 2002, Oakwood began to expand its business after it obtained site plan approval by purchasing three neighboring parcels of land zoned for industrial, agricultural, and school and cemetery uses respectively. However, as the business spread, neighbors began to complain of […]
Norfolk 102, LLC and Norfolk 302, LLC operate Bar Norfolk and Have a Nice Day Café, respectively, in Norfolk, Virginia. In 2009, the City Council of Norfolk revoked a blanket special exception allowing the Bar and Café to operate as “Entertainment Establishments” and serve alcohol, and also denied their applications for special exceptions to continue […]
In 2006, the Town of Mount Pleasant (“the Town”) rezoned property on Whipple Road adjacent to the Candlewood residential subdivision from an R-1 residential zone to an Economic Development zone. The property was owned by South Carolina Electric and Gas, and leased to SCANA Communications, which hoped to build a telecommunications tower there. In an […]
In 2005, C.B.L. Realty Trust applied to the Fall River, Mass. Zoning Board of Appeals for a variance to demolish Global Glass structures on its property and subdivide the parcel into 20 residential lots for use as single family homes. On issuing the variance, the board also gave permission to CBL to demolish the Global […]
In 2002, the Parish of Jefferson, Louisiana, passed a parking ordinance which required businesses in the Commercial Parkway Overlay Zone using curbside parking in front of their locations to sign a lease to pay the Parish for use of its parking right-of-way. From 2002 to 2008, the Parish attempted to get Pauline Books, a small […]
