Mississippi Supreme Court Upholds Denial of Rezoning for Affordable Housing Project Finding Board’s Decision Had a Rational Basis

On January 24, 2013, in Current Caselaw, Land Use, Law of the Land, Rezoning, by Patricia Salkin

Roundstone Development, LLC (“Roundstone”), sought to develop an affordable-housing subdivision in the City of Natchez. The land pegged for the site had two different zoning classifications: O–L (Open–Land) and R–1 (Single–Family Residential). The Planning Commission denied the plan after finding that the O-L area must be rezoned R-1 before the plan could be approved. After this, the [...]

Miss. Appellate Court Affirms Grant of Variances and Rezone for PUD, finding Record Supported Permit

On November 7, 2012, in Current Caselaw, Land Use, Law of the Land, Rezoning, Standing, by Patricia Salkin

Madison County, Mississippi approved Livingston Township LLC’s (hereinafter “Livingston”) rezone application.  The application called for the rezone of a 47.2 acre tract of land from commercial and agriculture to a Planned Unit Development (hereinafter “PUD”) imposed on a residential zone district.  Madison Citizens Against Rezoning (hereinafter “Citizens”) appealed through the municipal channels, and upon failing [...]

NC Appeals Court Denies Standing Finding the Rezoning for Poultry Facility would not be the Cause of the Potential Injury

On September 26, 2012, in Current Caselaw, Land Use, Law of the Land, Rezoning, Standing, by Patricia Salkin

In order to entice a corporation to construct a large poultry processing facility in its jurisdiction, the County, as a member of the Carolinas Gateway Partnership, created an LLC to facilitate the purchase and rezone of a tract of land.  Eventually, the land was purchased, and the Board twice rezoned the tract, which would permit [...]

Kentucky Court of Appeals Holds that Substantial Evidence Existed to Support Board of Commissioners Decision to Rezone Agriculturally Zoned Land

On August 2, 2012, in Current Caselaw, Land Use, Law of the Land, Rezoning, by Patricia Salkin

Appellee purchased a parcel surrounded by A-1 (agriculturally) zoned land. The land had previously been used to grow tobacco and raise cattle. Appellee requested rezoning of his land to an R-1 zone that would allow single family homes to be built but the board of commissioners denied the request based on a finding that the [...]

Fed. Dist. Court in NY Holds Town Did Not Violate First Amendment Rights in Closing Hearing on Zoning Amendment

On June 7, 2012, in Current Caselaw - New York, Land Use, Law of the Land, Rezoning, by Patricia Salkin

Plaintiff is a resident of the Town of Clay (the Town) and he often attends and speaks at the town meetings. The Town of Clay wanted to change a zoning ordinance, for an area of land owned by the town, to adhere to recommendations from the State regarding receiving a state grant for environmental remediation [...]

NY Appellate Court Holds Village Has Standing to Challenge Town Rezoning on SEQRA Grounds and on Procedural Grounds

On May 27, 2012, in Current Caselaw - New York, Land Use, Law of the Land, Rezoning, Standing, by Patricia Salkin

The Town of Ramapo passed a number of resolutions and enacted a local law to make way for a housing development project.  To do this, the Town changed the zoning designation of a section of property on the Village of Pomona border from single-family residences only to a designation that permitted multi-family dwellings of eight [...]

NY Appellate Courts Upholds Environmental Review of Proposed Rezoning

On April 20, 2012, in Current Caselaw - New York, Land Use, Law of the Land, Rezoning, by Patricia Salkin

The  City Council approved a proposed rezoning intended to preserve the neighborhood character, create opportunity for affordable housing, support local retailers while protecting the residential character, and impose building height restrictions.  The Department of City Planning (“DCP”) performed an environmental review of the proposal and prepared an Environmental Assessment Statement (“EAS”) opining that the rezoning [...]

NY Appellate Court Upholds Rezoning That Eliminated Unlimited Mining and Divided Parcel Containing Mining Operations into Two Different Zoning Districts

On December 28, 2011, in Current Caselaw - New York, Land Use, Law of the Land, Rezoning, by Patricia Salkin

Respondent enacted Local Law No. 4 (hereinafter the law) to amend Rochester’s existing zoning law by eliminating certain provisions that allowed for unlimited gravel mining throughout the Town and restricting full-scale mining (e.g., activity that would ordinarily be subject to the jurisdiction of the Department of Environmental Conservation under the Mined Land Reclamation Law)  to [...]

NY Appellate Court Upholds Zoning Change Impacting Mining Activities and Dividing a Parcel into Two Separate Zoning Districts

On December 25, 2011, in Current Caselaw - New York, Land Use, Law of the Land, Rezoning, by Patricia Salkin

During a rezoning, the town of Rochester, New York, enacted a local law restricted gravel mining and full-scale mining.  The petitioner, an operator of sand and gravel mines in the Town, initiated an action to invalidate the local law which not only restricted his mining business but also divided his parcel of land between two [...]

PA Supreme Court Rules Requested Site Specific Zoning Changes Would Create an Unfair Windfall for Applicant Where Defects in Ordinance Had Been Cured

On December 11, 2011, in Current Caselaw, Land Use, Law of the Land, Rezoning, by Patty Salkin

In an earlier decision, the PA Supreme Court held that Bedminster Township’s (hereinafter Township) Ordinance 118 (hereinafter AP Ordinance) was invalid. Six days after this ruling, Piper filed a “cure challenge” with the Bedminster Township Board of Supervisors (hereinafter Board), citing the holding and challenging the same ordinance.  In its challenge, Piper proposed a new [...]

Mississippi Supreme Court Finds Zoning Change Ineffective

On December 7, 2011, in Current Caselaw, Land Use, Law of the Land, Rezoning, by Patty Salkin

The Farrs owned a tract of land originally zoned agricultural.  In 1996, a neighboring tract was rezoned from agricultural to industrial to allow the construction of an asphalt plant.  In 1997, the city adopted a new zoning plan and published a new zoning map.  On this new map, the Farr’s tract was labeled as zoned [...]

Mississippi Supreme Court Upholds City’s Denial to Rezone Property Finding Decision Was Not Arbitrary or Capricious

On December 6, 2011, in Current Caselaw, Fair Housing Act Amendments, Land Use, Law of the Land, Rezoning, by Patty Salkin

The developer Roundstone acquired title to an area of land with the intent to subdivide the land and build homes on the property.  Roundstone planned on using a subsidy from the federal government to rent to lower income tenants.  Before purchasing the property, Roundstone received three letters informing him that the land was all zoned [...]

Utah Supreme Court Finds No Takings Claim Where Council Properly Rescinded Ordinance

On November 19, 2011, in Current Caselaw, Land Use, Law of the Land, Rezoning, by Patty Salkin

While in the process of finalizing purchase of a 15.359 acre parcel in Salt Lake County, Utah, L.C. Canyon requested that County officials rezone 3.543 acres of the parcel from FR 20 to FR 2.5, which would have allowed plaintiffs to construct a single-family residence on the property.  On October 18, 2005, the Salt Lake [...]

CT Supreme Court Holds Commission Incorrectly Interpreted Superior Court’s Decision as One Effecting a Zone Change Unless the Commission was Prepared to Issue a Special Exception Permit

On November 18, 2011, in Current Caselaw, Land Use, Law of the Land, Rezoning, by Patty Salkin

Pond View, LLC (hereinafter Pond View) owns eighteen acres of land in Monroe on which they wanted to build a shopping center but the parcel would need to be rezoned as falling within a DB-1 business and commercial zone. To accomplish this zone change, Pond View needed to file both an application for a zone [...]

KS Supreme Court Finds Board’s Annexation and Rezoning of Land From Agricultural Use to Industrial Use Arbitrary and Capricious

On October 31, 2011, in Current Caselaw, Land Use, Law of the Land, Rezoning, by Patty Salkin

In early 2008, the owners of 155 acres of land on Douglas County petitioned the City requesting the voluntary annexation of the land, as well as a rezoning of the property from agricultural to industrial use, in order to create an industrial park.  City Planning Staff raised concerns with the annexation proposal, based on the [...]

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