Justia Zoning, Planning & Land Use Opinion Summaries
Shaw v. Metropolitan Government of Nashville
The Supreme Court vacated the judgments of the lower courts in this appeal addressing mootness when a law challenged in the trial court is altered or amended after the trial court issued its final judgment and while the appeal is pending, holding that remand was required in this case.Plaintiffs filed a lawsuit against Metropolitan Government of Nashville and Davidson County (Metro) challenging an ordinance prohibiting them from having clients in their home-based businesses. The trial court granted summary judgment in favor of Metro. While Plaintiffs' appeal was pending, Metro repealed the ordinance at issue and enacted a new ordinance allowing limited client visits to home-based businesses. The court of appeals determined that Plaintiffs' case was moot. The Supreme Court vacated the judgments below and remanded the case to give the parties an opportunity to amend their pleadings to address any claims asserted under the new ordinance, holding that, based on the current record, it could not be determined whether Plaintiffs would suffer ongoing harm from the new ordinance, how the change could affect their claims, and whether they retained a residual claim under the new ordinance. View "Shaw v. Metropolitan Government of Nashville" on Justia Law
Schwartz v. Menas, Esq.
Consolidated appeals arose from two actions based on real estate development disputes. Plaintiffs sued their former legal counsel, two real estate developers, and executives employed by the developers, alleging that defendants’ tortious conduct deprived them of the opportunity to construct an affordable housing complex on a property in Monroe Township, New Jersey; a second development was planned for Egg Harbor. Plaintiffs had formed NJ 322, LLC with a developer to build a market-rate rental and commercial development on the property. Plaintiffs contended that defendants arranged to have the property rezoned so that only affordable housing could be built on it, at which time the developer withdrew and Plaintiff had no alternative but to sell the property. Plaintiffs’ damages expert prepared a report that included his opinion on “the profits that would likely have been earned by [p]laintiffs in the event that their development goals and objectives in connection with the development of the Project had not been frustrated” by defendants’ alleged conduct. The expert presented lost profits damages models for the development: the profit plaintiffs would have achieved if the development had proceeded as originally planned, and the profit had plaintiffs been the ones to construct the affordable housing project that was actually built. Based on the new business rule, the trial court granted defendants’ motion to bar testimony by plaintiffs’ expert in both cases. The Appellate Division affirmed in both cases. The New Jersey Supreme Court rejected a per se ban on claims by new businesses for lost profits damages, and it declined to follow Weiss v. Revenue Building & Loan Association, 116 N.J.L. 208 (E. & A. 1936) to the extent that it barred any claim by a new business for such damages. "Claims for lost profits damages are governed by the standard of reasonable certainty and require a fact-sensitive analysis. Because it is substantially more difficult for a new business to establish lost profits damages with reasonable certainty, a trial court should carefully scrutinize a new business’s claim that a defendant’s tortious conduct or breach of contract prevented it from profiting from an enterprise in which it has no experience and should bar that claim unless it can be proven with reasonable certainty." The Court remanded these cases so that the trial court could decide defendants’ motions in accordance with the proper standard. View "Schwartz v. Menas, Esq." on Justia Law
Southern Utah Wilderness, et al. v. DOI, et al.
In 2018, Garfield County, Utah sought to chip-seal a 7.5-mile portion of the Burr Trail known as the Stratton Segment. Before the County could begin its chip-sealing project, it was legally required to consult with the Bureau of Land Management (“BLM”) about the project’s scope and impact and obtain BLM’s approval. After doing so, Garfield County completed the project. Soon after Garfield County chip-sealed the Stratton Segment, Southern Utah Wilderness Alliance (SUWA) and other conservation groups sued BLM and the United States Department of the Interior (“DOI”). Under the Administrative Procedure Act (“APA”), SUWA alleged that BLM had acted arbitrarily and capriciously when approving the chip-sealing project. The district court disagreed and dismissed SUWA’s claims. SUWA raised the same issue on appeal to the Tenth Circuit Court of Appeals. The Tenth Circuit held that BLM didn’t act arbitrarily and capriciously in informally determining that Garfield County had an R.S. 2477 right-of-way over the Stratton Segment. After reviewing the record, the Court disagreed with SUWA that BLM “purported to” rely on IM 2008-175 in its R.S. 2477 determination. "Instead, BLM properly relied on its authority under our caselaw to informally determine, for BLM’s own purposes, that Garfield County holds its asserted R.S. 2477 right-of-way. Thus, BLM’s decision was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law." View "Southern Utah Wilderness, et al. v. DOI, et al." on Justia Law
Fairbanks North Star Borough v. Victory Ministries of Alaska, Inc., et al.
The Fairbanks North Star Borough partially revoked a local ministry’s charitable property tax exemption after learning that the ministry was renting lodging to the general public. The ministry appealed the Borough’s decision to the superior court. The court remanded the issue to the Borough’s assessor for more detailed findings, instructed the ministry that any appeal following remand should be made to the Board of Equalization rather than superior court, and closed the case. The assessor issued new findings justifying the partial revocation of the tax exemption, and the ministry appealed to both the Board and the superior court (in a different case). The ministry also filed a motion in the first appeal asking the superior court to enforce its order instructing that appeals be made to the Board. The superior court issued a sua sponte order granting the ministry’s first appeal on the merits, finding “that the assessor [did not] rely on sufficient evidence to revoke [the ministry’s] tax exempt status.” The Borough appealed. The Alaska Supreme Court concluded that following remand, supplemental Board findings, and a new appeal from those findings, the superior court lacked the subject matter jurisdiction to decide the ministry’s first appeal on the merits. The Supreme Court therefore vacate its decision granting Victory’s appeal. View "Fairbanks North Star Borough v. Victory Ministries of Alaska, Inc., et al." on Justia Law
Finite Resources, Ltd. v. DTE Methane Resources, LLC
Finite owns 90.9% of Orient #1, an abandoned Illinois coal mine; the other 9.1% belongs to Royal. In 2004, Keyrock's predecessor acquired an interest in Orient #1 to extract coal mine methane from its section of the property, drilled wells, and, in 2007, obtained a vacuum permit from the Illinois Department of Natural Resources. Finite discovered the pump’s use in 2018 after a test revealed that coal mine methane had been drained extensively from Orient #1. Finite unsuccessfully petitioned the Department for compulsory unitization of the parties’ properties, to require Keyrock to share its methane production with Finite.Finite sued, alleging conversion, trespass, accounting, and common law unitization, and sought to enjoin the use of a vacuum pump. The district court granted the defendants summary judgment, finding that, under the rule of capture (gas that migrates is subject to recovery and possession by the holder of the gas estate on the property to which the gas migrates), the methane could not be owned until extracted regardless of whether extraction occurred by means of a vacuum pump. Finite’s claims hinged on ownership, so the rule of capture foreclosed Finite’s claims.The Seventh Circuit affirmed. Absent illegality, the Department’s issuance of the permit suggests that the use of the vacuum pump to extract methane did not violate Finite’s correlative rights (imposing a duty on owners not to waste natural resources intentionally or negligently as to injure their neighbor).. View "Finite Resources, Ltd. v. DTE Methane Resources, LLC" on Justia Law
City of Ririe v. Gilgen
The Jefferson County, Idaho Board of Commissioners (“the County”) granted Appellant Tina Gilgen a conditional use permit that allowed her to place a mobile home on real property she owned with her husband, Kelly Gilgen. The Gilgen property fell within the City of Ririe’s area of impact (“AOI”). The City of Ririe (“the City”) petitioned for judicial review, claiming the County erroneously approved Gilgen’s application by applying Jefferson County zoning ordinances within the AOI instead of City ordinances, which would have resulted in a denial of Gilgen’s application. The City relied on an area of impact agreement between Jefferson County and the City of Ririe, in which the County specifically agreed to apply the City’s ordinances to property located within the AOI (“AOI Agreement”). After the County filed a notice of non-objection, the district court entered an order granting the City’s petition, reversing the County’s original decision, and remanding the matter to the County. On remand, the County issued an amended decision that denied Gilgen’s application for a conditional use permit. Several months later, Gilgen filed three motions for reconsideration of the district court’s order remanding the case, alleging the district court did not have jurisdiction to consider the City’s petition. Each of the motions was denied. The Idaho Supreme Court determined the City did not have standing to petition the district court for review of the County’s decision. The trial court’s judgment was vacated. View "City of Ririe v. Gilgen" on Justia Law
PA Enviro Defense Fdn, Aplt. v. Commonwealth
The Pennsylvania Environmental Defense Foundation (“PEDF”) challenged for the third time, the use of proceeds from oil and gas leasing on the Commonwealth’s forest and park lands as violative of Article I, Section 27 of the Pennsylvania Constitution, also known as the Environmental Rights Amendment. (“Section 27” or “ERA”). In previous trips before the Pennsylvania Supreme Court, PEDF challenged several 2009-2025 budgetary provisions enacted challenging the use of proceeds from oil and gas leasing on the Commonwealth’s forest and park lands as violative of Article I, Section 27 of the Pennsylvania Constitution, also known as the Environmental Rights Amendment. (“Section 27” or “ERA”). In the first two cases, PEDF challenged several 2009-2015 budgetary provisions enacted in the wake of dramatic increases in oil and gas revenue resulting from Marcellus Shale exploration in Pennsylvania. Applying trust principles, the Pennsylvania Supreme Court held that the budgetary provisions violated Section 27 by utilizing the oil and gas revenue for non-trust purposes via transfers to the General Fund. PEDF v. Commonwealth, 161 A.3d 911 (Pa. 2017) (“PEDF II”); PEDF v. Commonwealth, 255 A.3d 289 (Pa. 2021) (“PEDF V”). The underlying case here was one for a declaratory judgment, and named the Commonwealth and Governor as parties. Here, PEDF raised numerous constitutional challenges to provisions of the General Appropriations Act of 2017 and 2018, as well as the 2017 Fiscal Code amendments, all of which were enacted after the Supreme Court’s decision in PEDF II. After review , the Supreme Court affirmed the Commonwealth Court, whilst rejecting that court;s analysis derived from PEDF III. View "PA Enviro Defense Fdn, Aplt. v. Commonwealth" on Justia Law
Jolovich v. Board of County Commissioners of Park County
The Supreme Court affirmed the order of the district court affirming the judgment of the Board of County Commissioners of Park County approving Trial County Telephone Association, Inc.'s (TCT) application for a special use permit to construct a 150-foot broadband communications tower in Park County, holding that the Board did not arbitrarily or capriciously in approving the application.Specifically, the Supreme Court held (1) the Board had a rational basis to conclude that the proposed was not oversized, and therefore, the Board's approval of TCT's application did not violate Park County development regulations; and (2) the Park County regulations did not require the Board to consider alternative sites for a project before approving a special use permit, and it therefore did not act arbitrarily or capriciously in approving the application without considering alternative locations for the proposed tower. View "Jolovich v. Board of County Commissioners of Park County" on Justia Law
Word Seed Church v. Village of Homewood
The Seventh Circuit affirmed the judgment of the district court denying the motion filed by the Word Seed Church after the district court dismissed this suit for lack of standing, holding that Word Seed failed to show exceptional circumstances warranting relief from the denial of that motion.Word Seed and an organization to which it belonged (collectively, Word Seed) brought this action against the Village of Homewood, Illinois alleging violations of the Religious Land Use and Institutionalized Persons Act and the Equal Protection Clause of the Fourteenth Amendment. The district court dismissed the suit for lack of standing after concluding that Word Seed did not suffer an injury and denied Word Seed's ensuing motions to reconsider. In the second motion, which the district court considered under Fed. R. Civ. P. 60(b), Word Seed raised for the first an argument that could have been raised before the district court entered judgment dismissing the case. The district court denied the motion. The Seventh Circuit affirmed, holding that the court did not abuse its discretion in denying Word Seed's Rule 60(b) motion. View "Word Seed Church v. Village of Homewood" on Justia Law
Christenson v. Crowned Ridge Wind, LLC
The Supreme Court affirmed the decision of the South Dakota Public Utilities Commission (PUC) approving the application of Crowned Ridge Wind, LLC for a permit to construct a wind energy farm in northeast South Dakota, holding that the PUC acted within its discretion in this case.After a contested hearing, the PUC issued a written decision approving the permit. Two individuals who lived in rural areas near the project and had intervened to oppose Crowned Ridge's application sought review. The circuit court affirmed. The Supreme Court affirmed, holding (1) neither of the Intervenors' evidentiary claims were sustainable; and (2) even if the Intervenors' claims were preserved for appeal, the PUC acted within its discretion when it denied the Intervenors' challenges to certain testimony. View "Christenson v. Crowned Ridge Wind, LLC" on Justia Law