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 [...]
Supreme Court of Minnesota, No. A11-1705, September 25, 2013: Action on certificate of appropriateness to alter historic landmark is “relating to zoning” under Minnesota law.
Under Minnesota law (Minn. Stat. § 15.99, subd. 2(a) (2012)) a city has only 60 days to “approve or deny” an application for a “written request relating to zoning” or the request [...]
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 [...]
Court of Appeals of Michigan, No. 285691
March 18, 2010
The Michigan Court of Appeals upheld a trial court decision that a down-zoning of 9,000 acres “to preserve the unique camp-like characteristics of the Township,” including the Boy Scouts’ 4,748 acres property, did not constitute a taking. The court upheld the trial court’s ruling on summary disposition on [...]
Vieux Carre Property Owners, Residents and Associates, Inc. and French Quarter Citizens For The Preservation Of Residential Quality, Inc. v. Hotel Royal, L.L.C.
Court Of Appeal of Louisiana, Fourth Circuit
February 3, 2010
The Court of Appeals affirmed a trial court’s decision that the appellant private citizens’ organizations lacked standing to bring an action to enjoin the hotel-appellee’s [...]
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, [...]