Law of the Land

A blog on land use law and zoning

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  • Added Sep 9, 2008
  • Activity Rank #3 : Popularity Rank #5
  • 1 posts in 24 hours : 24 posts in 4 weeks
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Nov 6
Proposed Initiative to Subject all Land Use Enactments to Popular Vote Invalidated : Carmony submitted an Application of Initiative Petition to the Clerk of the Matanuska-Suitna Borough....
Law of the Land
Nov 5
Zoning Ordinance That Allowed a Firing Range Near a Residential Subdivision Does Not Subject Town to Liability for Alleged Due Process Violation : Plaintiffs live in a development one and one half north of a sportsman’s club and they had previously complained of stray bullets reaching their neighborhood and striking their homes in 2006.  The Clu...
Law of the Land
Nov 5
Local Zoning for a Broadcast Antenna Preempted for AM Radio Station : A reader of Law of the Land brings us of an “oldie but goodie” case…as there is not much law in this area, I agreed to post a 2002 landmark case as a reminder for those who practice in the area. The l...
Law of the Land
Nov 4
Citizens Claiming an Adverse Impact May Challenge Annexation Where Their Land is Not Part of the Annexed Property : Lifestyle initiated a voluntary annexation by requesting the City of Reno annex 7,000 acres of land in Cold Springs Valley....
Law of the Land
Nov 3
More Searching Scrutiny Is Required Where Adult Uses are not Allowed As of Right, but Rather are Subject to Special Use Permit Review : The Village’s Board of Trustees denied Chicago Joe’s request for a special use permit to locate in the office/industrial district of the Village since the proposed use violated the zoning code which p...
Law of the Land
Nov 3
Need Continuing Education Credits? Last Chance to Sign-Up for On-Line Land Use Law Course Through Rutgers : I mentioned in an earlier post the various offerings from the Bloustein On Line Continuing Education Courses at Rutgers University.  The Current Trends in Land Use Law course begins on Thursday, Novem...
Law of the Land
Nov 2
Variance Denial for Telecommunications Tower Upheld as No Significant Gap In Service Existed and Ordinance was not Exclusionary : In granting summary judgment in favor of the Township, the Eastern District Court of Pennsylvania held that the denial of a variance to construct a personal wireless facility did not result in a viola...
Law of the Land
Nov 1
Fifth Circuit Court of Appeals Finds Houston’s Sign Code Constitutional : RTM, an outdoor advertising company which owned fifty-nine billboards in the City of Houston was sued in state court by the City for alleged violations of the sign code and for public nuisance.  In re...
Law of the Land
Oct 31
Denial of Special Exception for Theoretical Subdivision in Tree and Slope Protection Overlay District is Supported by Substantial Evidence : The developer sought a special exception for a theoretical lot subdivision to build 13 houses on a single lot in the Chain Bridge Road/University Terrace Tree and Slope Protection Overlay District.  F...
Law of the Land
Oct 30
Appeals Court Agrees that Owner is Estopped from Seeking Release of Open Space Covenant Where Benefits Were Already Accepted : Vo-Land brought an action to lift a covenant that was placed on 96 acres of land in the Village of Bartlett and to disconnect the land from the Village....
Law of the Land
Oct 29
In Calculating Maximum Density Zoning Regulation Allowed Commission to Consider Parent Parcel in Existence at Time Regulations Were Adopted : The applicants applied to the commission for permission to subdivide their four acre parcel of property located in Avon into two lots, each lot comprised of two acres....
Law of the Land
Oct 28
Denial of Permit for Antenna on Extension to Smokestack Already Housing Two Antennas Violates Telecommunications Act : In 2000, the town approved wireless communications antennas on an existing smokestack of an old mill building....
Law of the Land
Oct 28
New NY Law Requires Consistency Among Local Disaster Preparedness Plans : Introduced as A....
Law of the Land
Oct 27
Although Lots Exempted from Subdivision Review, Zoning Regulations Were Still Applicable : Tonter owned three tracts of land in the city. Tracts 1 and 2 were zoned A-2, Agricultural District. Tract 3 was zoned A-1, Agricultural....
Law of the Land
Oct 27
New Publication Available on Ethics Issues in Land Use : Each year an article is published reviewing the reported decisions involving allegations of unethical conduct in the land use area from the previous year.  A number of themes emerged from the most rec...
Law of the Land
Oct 27
Nonconforming Mobile Home May Not Be Replaced With New Mobile Home : The city brought a legal action against David and Marian Cox after they replaced a mobile home on their property that was originally placed on the land in 1990 so that Marian Cox’s parents could resid...
Law of the Land
Oct 27
5th Circuit Court of Appeals Opens Door to Climate Change Litigation : In reversing the District Court, the 5th Circuit Court of Appeals unanimously found that Gulf Coast residents had standing to sue energy and chemical companies under Mississippi state law for having e...
Law of the Land
Oct 27
Lesson: Research Chain of Title and Zoning Regulations Prior to Purchasing Property at Auction : The Connecticut Superior Court, following a trial, rejected a taking claim by a developer who purchased a non-conforming, unbuildable lot at a tax sale and was subsequently denied two minor variances...
Law of the Land
Oct 27
Town Board’s Failure to Follow Annexation Procedure Does Not Result in Default Approval nor an Annexation by Operation of Law : The owners of a 45-acre undeveloped parcel in the Town of Parma, located adjacent to the Village of Hilton submitted a petition to the legislative bodies of both municipalities requesting approval of...
Law of the Land
Oct 27
Court Review of a City Council Land Use Decision Limited to the Record Provided by the Council : Pacific West acquired a planned unit development (PUD) after Phase 1 of the project was completed by another developer.  The City Council voted to deny Pacific West’s application for Phase 2 because i...
Law of the Land
Oct 27
Property Owner Challenges Zoning Ordinance that Prevents Use of Land for ATV and Motorcycle Track and Club : Following a notice of violation by the zoning enforcement officer, Hawk, owner of a 21.27 acre parcel of land that he cleared for use as a motorcycle and ATV race track (and he created a Weekend Warri...
Law of the Land
Oct 27
9th Circuit Finds that Property Owners Properly Preserved Their Federal Takings Claim in State Court : The Los Altos El Granada Investors, the owner of a mobile home park located in the City of Capitola, petitioned the City for license to increase rents on its mobile home pads....
Law of the Land
Oct 27
Resource on Drafting Local Laws for Appointment of Alternate Members of Planning and Zoning Boards : It is not uncommon for members of planning and zoning boards to have conflicts of interest with repsect to applicants and applications before the board....
Law of the Land
Oct 27
Adult Entertainment Use For 12 Days Does Not Establish a Legal Nonconforming Use : The Wisconsin Court of Appeals held that the adult entertainment provided at a tavern for twelve days before the effective date of an ordinance amendment prohibiting that use in that zoning district d...
Law of the Land