Justia Zoning, Planning & Land Use Opinion Summaries

Bedford Recycling, Inc. applied to the Monroe County Board of Zoning Appeals (BZA) for a conditional use permit to operate a scrap metal collection and sorting facility on property zoned for mineral extraction. The county’s zoning ordinance did not specifically allow scrap metal recycling, so Bedford sought approval under the category of “Central Garbage/Rubbish Collection Facility.” The BZA granted the permit after a public hearing in which Bedford acknowledged the facility would not handle solid waste, a typical requirement for the permit. Subsequently, Republic Services, a neighboring property owner, filed for judicial review, arguing that Bedford’s facility did not meet the ordinance’s requirements. While preparing written findings to support its decision, the BZA’s attorney concluded that granting the permit was a legal error, as Bedford’s proposed use did not fit the permit’s definition.After several meetings and changes in BZA membership, the Board voted to revoke Bedford’s permit, finding that the facility was essentially a scrap yard, which was not a permitted use in the zoning district. Bedford then sought judicial review in the Monroe Circuit Court, which found that the BZA lacked statutory authority to revoke the permit based on a change in reasoning or alleged legal error, and reinstated the permit. The Indiana Court of Appeals reversed, holding that the BZA could correct its own legal error and revoke the permit.The Indiana Supreme Court granted transfer, vacating the Court of Appeals’ decision. The Court held that administrative bodies like the BZA have only the powers expressly granted by statute and possess no inherent or common law authority to reconsider or revoke final decisions absent explicit legislative authorization. The Court disapproved prior appellate decisions that recognized an “error of law” exception. Accordingly, the Supreme Court affirmed the trial court’s order vacating the BZA’s revocation and reinstated Bedford’s conditional use permit. View "Monroe County Board of Zoning Appeals v. Bedford Recycling, Inc." on Justia Law

A resident of University Heights, Ohio, who practices Orthodox Judaism, sought to use his home for group prayer sessions due to religious obligations and restrictions on travel during the Sabbath. After inviting neighbors to participate in these gatherings, a neighbor complained to city officials, prompting the city’s law director to send a cease-and-desist letter, warning that using the home as a place of religious assembly violated local zoning laws. The resident then applied for a special use permit to operate a house of worship but withdrew his application before the city’s Planning Commission could reach a decision, stating he did not wish to operate a house of worship as defined by the ordinance. Despite withdrawing, he later filed a federal lawsuit against the city and several officials, alleging violations of federal and state law, including constitutional and statutory claims.The United States District Court for the Northern District of Ohio granted summary judgment for the city and its officials. The court found that the plaintiff’s claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the First and Fourteenth Amendments, and the Ohio Constitution were unripe because there was no final decision by the relevant local authorities regarding the application of the zoning ordinance to his property. The court also rejected his Fourth Amendment and Freedom of Access to Clinic Entrances Act (FACE Act) claims on the merits and declined supplemental jurisdiction over a state public records claim.The United States Court of Appeals for the Sixth Circuit affirmed. The court held that most of the plaintiff’s claims were unripe because he withdrew his application before any final decision was made by the city’s zoning authorities, and thus there was no concrete dispute for federal review. The court also held that his facial challenges to the ordinance were forfeited and, in any event, failed as a matter of law. The court further concluded that the Fourth Amendment and FACE Act claims failed on the merits and found no abuse of discretion in declining supplemental jurisdiction over the state law claim. View "Daniel Grand v. City of University Heights, Ohio" on Justia Law

A group of landowners in Summit County, Utah, challenged a proposed ballot measure to incorporate a new municipality called West Hills. The sponsor of the incorporation, Derek Anderson, had modified the proposed boundaries after the statutory deadline for landowners to request exclusion from the new municipality had passed. As a result, certain landowners whose properties were added late were unable to seek exclusion, even though similarly situated landowners had previously been allowed to do so.The landowners filed suit in the Third District Court, Silver Summit, arguing that the Municipal Incorporation Code, as applied, violated the Uniform Operation of Laws Clause of the Utah Constitution. The district court granted summary judgment for the landowners, finding the code unconstitutional as applied and invalidating the certification of the West Hills ballot measure. The court determined that the plaintiffs were “specified landowners” who would have been entitled to exclusion if their properties had been added earlier, and that the legislature’s interest in certainty did not justify the disparate treatment.The sponsor then filed an emergency petition for extraordinary relief with the Supreme Court of the State of Utah, seeking to overturn the district court’s order before the upcoming election. The Utah Supreme Court, after expedited briefing and oral argument, denied the petition for extraordinary relief. The court held that, under the unique circumstances, it would not exercise its discretion to issue a writ due to the potential disruption and confusion in the election process, including the risk of voter suppression and interference with electioneering efforts. The denial was without prejudice to the sponsor’s ability to pursue an appeal or interlocutory review of the district court’s order. View "Anderson v. Bates" on Justia Law

Legacy Housing Corporation purchased several hundred vacant lots in Horseshoe Bay, Texas, intending to develop manufactured housing. The lots were subject to zoning restrictions, including a cap on speculative housing permits, contractor requirements, utility hookup fees, and setback rules. Legacy also acquired adjacent land in the city’s extraterritorial jurisdiction (ETJ) to build a road connecting the lots to a nearby highway, but this land was restricted to agricultural and residential use. Despite these limitations, Legacy constructed a road over the ETJ property, a greenbelt strip, and some development lots, advertising it as a shortcut and access to planned amenities. The City and other defendants opposed the road, citing violations of existing restrictions. Legacy alleged a conspiracy among the City, the property owners’ association (POA), and developers to prevent its development.The United States District Court for the Western District of Texas addressed multiple claims and counterclaims. It denied Legacy’s motion to dismiss the City’s counterclaims, granted the City’s motion to dismiss most claims against it, and granted summary judgment to all defendants on the remaining claims, including regulatory takings, Section 1983 violations, civil conspiracy, breach of fiduciary duty, negligence, and a strips and gores claim. Legacy’s own motion for partial summary judgment was denied, and final judgment was entered.On appeal, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s rulings, with one modification. The appellate court held that Legacy’s regulatory takings claim regarding the two-permit cap was not prudentially ripe and should be dismissed without prejudice. The court otherwise affirmed summary judgment for the defendants, finding no genuine dispute of material fact and concluding that Legacy did not have property rights to build the road, nor did the defendants breach any legal duties or restrictive covenants. View "Legacy Hsing v. City of Horseshoe Bay" on Justia Law

Gulfstream Café, Inc. owns a restaurant within the Marlin Quay Planned Development (PD) in Georgetown County, South Carolina. The PD includes a shared parking lot, with Gulfstream holding a nonexclusive easement for sixty-two spaces and owning seventeen additional spaces. In 2016, Palmetto Industrial Development, LLC purchased the marina and parking lot, demolished the existing structures, and sought approval from the Georgetown County Council to build a new restaurant. After several iterations and legal challenges, the Council approved a final plan (Ordinance 2018-40) for the new restaurant, which increased evening parking demand and allegedly harmed Gulfstream’s business.Previously, Gulfstream challenged the approval process and the impact on its easement rights in the Circuit Court for Georgetown County. The court held a bench trial and ruled in favor of the County, the County Council, and Councilmember Steve Goggans on all claims, including substantive and procedural due process, takings, inverse condemnation, and alleged impropriety in the approval process. Gulfstream appealed the decision.The Supreme Court of South Carolina reviewed the case, applying a limited scope of review for factual findings and de novo review for legal and constitutional issues. The Court held that Gulfstream’s easement was nonexclusive and had not been deprived by the ordinance, that the County’s actions had a rational basis, and that the ordinance did not constitute a per se or regulatory taking under the Penn Central test. The Court also found no procedural due process violation, as Gulfstream received notice and an opportunity to be heard, and determined that Councilmember Goggans’ prior involvement did not invalidate the ordinance. The Supreme Court of South Carolina affirmed the circuit court’s judgment in all respects. View "The Gulfstream Café v. Georgetown County" on Justia Law

A group of plaintiffs leased a 2,400-acre parcel of undeveloped land in San Luis Obispo County, California, from the predecessor of the defendant, Eureka Energy Company. The lease, originally executed in 1968 and later novated, provided for a 99-year term with an option to renew for another 99 years. The property, known as Wild Cherry Canyon, was historically used for cattle grazing, but the lease itself stated that the premises could be used for “any lawful purpose.” The parties understood that cattle grazing would continue, primarily to reduce wildfire risk rather than for commercial livestock production. In 2018, the plaintiffs exercised their option to renew the lease, but Eureka asserted that the lease was limited to 51 years under California Civil Code section 717, which restricts leases for agricultural purposes.The Superior Court of San Luis Obispo County held a court trial and issued a detailed statement of decision. It found that the lease was for agricultural purposes, specifically cattle grazing, and concluded that section 717 applied, limiting the lease to 51 years. The court entered judgment for Eureka, declaring that the lease expired in 2019 and that the plaintiffs had no further interest in the property. The plaintiffs appealed, arguing that the lease was not for agricultural purposes within the meaning of section 717, given the fire prevention intent.The California Court of Appeal, Second Appellate District, Division Six, reviewed the case. It held that, although cattle grazing generally constitutes an agricultural purpose under section 717, the particular circumstances here—where grazing was intended for fire prevention and not for commercial agriculture—meant the lease was not for agricultural purposes as defined by the statute. The court reversed the trial court’s judgment, finding that the lease was valid beyond the 51-year limit and that the plaintiffs’ leasehold interest should not be forfeited. View "Pacho Limited Partnership v. Eureka Energy Co." on Justia Law

A nonprofit organization that assists individuals recovering from alcoholism and substance abuse sought to establish a group home in a New Jersey township by leasing a two-family dwelling. Before residents could move in, the township required a Certificate of Continuing Occupancy (CCO). The organization’s application for the CCO was denied by the township’s zoning officer, who stated that the intended use violated local zoning ordinances. The township’s attorney later explained that the group home was considered a “Community Residence” under state law and thus could not operate in a two-family dwelling. The organization disputed this classification but received no further response from the township.After the denial, the organization filed suit in the United States District Court for the District of New Jersey, alleging discrimination under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), and sought a preliminary injunction. The District Court denied the preliminary injunction, finding the organization had not shown a likelihood of success on the merits, and the United States Court of Appeals for the Third Circuit affirmed that denial. The organization then filed a First Amended Complaint, which the township moved to dismiss. The District Court granted the motion, holding that the amended complaint failed to state a claim and denied leave to amend further, reasoning that prior rulings had already provided notice of deficiencies and that amendment would be futile.On appeal, the United States Court of Appeals for the Third Circuit affirmed the dismissal of the First Amended Complaint for failure to state a claim, finding insufficient factual allegations to support a plausible inference of discriminatory intent or disparate impact. However, the court vacated the denial of leave to amend, holding that the District Court erred in concluding amendment would be futile, and remanded for further proceedings. View "Oxford House Inc v. Township of North Bergen" on Justia Law

Tussahaw Reserves, LLC and Keys Ferry Crossing, LLC owned two parcels of land in Butts County, Georgia, zoned for agricultural and residential use. In 2020, they applied to rezone the property for use as a rock quarry, but the Butts County Board of Commissioners denied the applications in early 2021. Tussahaw then filed an “Appeal and Petition for Writ of Certiorari and Verified Complaint” in the Butts County Superior Court, challenging the Board’s decision. The complaint named the Board and its members as “respondents-in-certiorari” and the County as “defendant.” The claims included a writ of certiorari against the Board and its members, and alternative claims for declaratory and injunctive relief against the County.After the Board and its members filed an answer and moved to be discharged from the case, the superior court denied their motion. Following the Georgia Supreme Court’s decision in State v. SASS Group, Butts County moved to dismiss, arguing that the lawsuit violated the Georgia Constitution’s requirement that actions against a county be brought exclusively against the county and in its name. Tussahaw moved to drop the respondents-in-certiorari, but the superior court did not rule on that motion and instead dismissed the lawsuit, finding it barred by sovereign immunity. The Court of Appeals affirmed, reasoning that the substance of the complaint sought relief against the Board, not just the County.The Supreme Court of Georgia reviewed the case and held that failure to comply with the constitutional naming requirement is not a jurisdictional bar and does not preclude the trial court from considering motions to drop parties. The Court vacated the Court of Appeals’ decision and remanded the case for further proceedings, directing the superior court to vacate its dismissal order and address the pending motions. View "TUSSAHAW RESERVES, LLC v. BUTTS COUNTY" on Justia Law

The case concerns the City of San Diego’s approval of a 2022 ballot measure to remove the longstanding 30-foot building height limit in the Midway-Pacific Highway Community Planning area. This height restriction, established by a 1972 voter initiative, was intended to preserve coastal views, community character, and mitigate issues such as congestion and pollution. In 2018, the City updated the community plan and prepared a program environmental impact report (PEIR) under the assumption that the height limit remained in effect. In 2020, the City attempted to remove the height limit via a ballot measure, but the measure was invalidated for failing to adequately consider environmental impacts as required by the California Environmental Quality Act (CEQA).Following the invalidation, the City prepared a supplemental environmental impact report (SEIR) and approved a second ballot measure in 2022. Save Our Access, a nonprofit, challenged this new measure, arguing that the City’s environmental review remained inadequate. The Superior Court of San Diego County denied Save Our Access’s petition for writ of mandate, finding that the City’s SEIR sufficiently addressed the environmental impacts by focusing on visual effects and neighborhood character, and by relying on the 2018 PEIR for other impact categories.On appeal, the California Court of Appeal, Fourth Appellate District, Division One, found that the City’s SEIR was inadequate under CEQA. The court held that the City failed to meaningfully analyze the environmental impacts of allowing buildings above 30 feet, such as effects on noise, air quality, biological resources, and geological conditions. The court concluded that relying on the prior PEIR and deferring analysis to future site-specific projects did not satisfy CEQA’s requirements. The judgment was reversed and remanded, with instructions to grant Save Our Access’s petition and direct the City to comply with CEQA. View "Save Our Access v. City of San Diego" on Justia Law

The California Department of Water Resources (DWR) planned to conduct preconstruction geotechnical work, such as soil and groundwater testing, in the Sacramento-San Joaquin Delta and Suisun Marsh as part of preparations for the Delta tunnel project, which aims to improve water conveyance and environmental protection. Various municipal, tribal, and public interest entities objected, arguing that DWR could not begin this work until it certified that the tunnel project was consistent with the Delta Plan, as required by the Sacramento-San Joaquin Delta Reform Act of 2009. The disputed geotechnical work included soil borings, groundwater monitoring, test trenches, and other activities intended to inform the project’s design and mitigation measures.The Superior Court of Sacramento County reviewed several related actions brought by these entities. The plaintiffs sought and obtained preliminary injunctions preventing DWR from conducting the preconstruction geotechnical work until it submitted a certification of consistency with the Delta Plan. The trial court found that the geotechnical work was an integral part of the tunnel project, which was a “covered action” under the Delta Reform Act, and concluded that DWR was required to certify consistency before initiating any part of the project, including the geotechnical work.On appeal, the California Court of Appeal, Third Appellate District, reversed the trial court’s orders. The appellate court held that the Delta Reform Act does not require DWR to submit a certification of consistency before engaging in preconstruction geotechnical work, distinguishing the requirements of the Delta Reform Act from those of the California Environmental Quality Act (CEQA). The court found that the geotechnical work was not itself a “covered action” under the Delta Reform Act and that the Act does not incorporate CEQA’s prohibition against “piecemealing.” The case was remanded for the trial court to reconsider the motions for preliminary injunction in light of this holding. View "Tulare Lake Basin Water Storage Dist. v. Dept. of Water Resources" on Justia Law