Justia Zoning, Planning & Land Use Opinion Summaries

The Supreme Court upheld the final determination of the Maryland Department of the Environment to reissue with revisions a general discharge permit to Animal Feeding Operations (AFOs), holding that the Department's final determination was reasonable and complied with applicable water quality standards.The most recent iteration of the general discharge permit the Department issued to AFOs was finalized by the Department pursuant to certain statutory requirements requiring the Department to review and issue or reissue water pollution control permits once every five years. The circuit court vacated the permit and remanded the matter with instructions to incorporate certain water quality standards into the permit. The Supreme Court reversed the judgment of the circuit court, holding (1) the Department's AFO general discharge permit framework was reasonable and consistent with federal and state law; and (2) the Department's decision to evaluate each AFO individually and to require appropriately-tailored best-management practices to control the emissions where they presented a risk of discharge was reasonable and not an abuse of discretion. View "Dep't of Environment v. Assateague Coastal Trust" on Justia Law

Plaintiffs challenged a Monterey County ordinance limiting to four the number of roosters that can be kept on a property without a permit. A permit application must include a plan describing the “method and frequency of manure and other solid waste removal,” and “such other information that the Animal Control Officer may deem necessary.” A permit cannot be issued to anyone who has a criminal conviction for illegal cockfighting or other crime of animal cruelty. The ordinance includes standards, such as maintaining structurally sound pens that protect roosters from cold and are properly cleaned and ventilated and includes exemptions for poultry operations; members of a recognized organization that promotes the breeding of poultry for show or sale; minors who keep roosters for an educational purpose; and minors who keep roosters for a Future Farmers of America project or 4-H project. The court of appeal upheld the ordinance, rejecting arguments that it takes property without compensation in violation of the Fifth Amendment; infringes on Congress’ authority to regulate interstate commerce; violates the Equal Protection Clause; is a prohibited bill of attainder; and violates the rights to privacy and to possess property guaranteed by the California Constitution. View "Perez v. County of Monterey" on Justia Law

The Court of Appeal affirmed the trial court's denial of plaintiff's petition for writ of administrative mandate after the county planning commission and board of supervisors denied her application for a conditional use permit (CUP) to keep up to five tigers on her property. The court held that substantial evidence supported the Board's findings that the project was not compatible with the planned uses in the general area and the project was detrimental to the public interest, health, safety or welfare. In this case, tigers did not belong in a residential area and there was more than ample evidence to support a finding that plaintiff's tigers posed a danger to the public. View "Hauser v. Ventura County Board of Supervisors" on Justia Law

The Court of Appeal affirmed the trial court's denial of plaintiff's petition for writ of administrative mandate after the county planning commission and board of supervisors denied her application for a conditional use permit (CUP) to keep up to five tigers on her property. The court held that substantial evidence supported the Board's findings that the project was not compatible with the planned uses in the general area and the project was detrimental to the public interest, health, safety or welfare. In this case, tigers did not belong in a residential area and there was more than ample evidence to support a finding that plaintiff's tigers posed a danger to the public. View "Hauser v. Ventura County Board of Supervisors" on Justia Law