Court of Appeals of Minnesota, Nos. A14-0464, 14-0481, A14-1224, A14-1225, April 6, 2015: Bible camp’s development not prohibited by conservation easement.
Two groups of realtors oppose Living Word Bible Camp’s (LWBC) plan to build a youth bible camp on a property of 283 acres, of which 84 acres is subject to a conservation easement owned by the [...]
Iowa Court of Appeals, Nos. 3-1154/13-0328, March 26, 2014: Certiorari exclusive remedy for project permit approval in historic district.
A permit (COA) is required for certain exterior construction in the historic districts of the unincorporated villages known as Amana Colonies. The permit decision is made by the Amana Colonies Land Use District Board of Trustees (Board). The [...]
US Dist. Court, ED New York, No. 10-CV-692, September 21, 2012: NY Town denial of cell tower siting permit on aesthetic grounds upheld.
The Defendant Town of Islip, through its Planning Board (“the Board”) denied a request by plaintiff T-Mobile Northeast LLC (“T-Mobile”) for a special use permit to construct a 120-foot monopole cell tower within a [...]
Mass. Appeals Court, No. 10-P-1665, October 14, 2011: Holds the enforceability beyond 30 years of land use restrictions set by a government agency, such as incident to the grant of a zoning special permit, is not limited by state statute that limits enforceability of restrictions on their face unlimited as to time.
The Massachusetts statute, M. G.L. [...]
Iowa Court of Appeals of Iowa, No. 0-317 / 09-1424, June 30, 2010: Upholds a trial court decision that a historic landmark zoning designation of property adjacent to the appellant’s property did not did not violate constitutional due process or equal protection clauses and was not illegal spot zoning. The City Council rezoned the individual [...]
Oregon’s Department of Land Conservation and Development (DLCD) adopted rules in January 2010 to implement the Oregon Transfer of Development Rights Pilot Program. A description of this initiative is available online from DLCD at http://www.oregon.gov/LCD/tdr_pilot_program.shtml. According to DCLD, “Transfer of development rights (TDR) programs are a voluntary, incentive-based and market-driven approach to preserve land and direct [...]
Superior Court of New Jersey, Appellate Division No. A-4001-08T2. Decided February 16, 2010 (unpublished)
This New Jersey appeal raised the question of whether a permit for a revised scope of construction issued by a municipal Zoning Officer for a property subject to the oversight of Jersey City’s Historic Preservation Commission pursuant to Jersey City Code §§ 345-9 [...]
Court Of Appeal Of California, Fourth Appellate District, Division Three, UNPUBLISHED, January 27, 2010
The decision upholds a city’s approval of an open space zoning ordinance and overturns the trial court’s decision to invalidate the ordinance. The appeals court held that the plaintiff private landowner (Babcock) could not prevail in an action to invalidate the ordinance because, [...]