Justia Zoning, Planning & Land Use Opinion Summaries

Connor Group owns and manages about 15,000 rental units throughout the U.S., including about 1,900 in the Dayton area. Its rental agent posted an ad on Craigslist: 599/1br – Great Bachelor Pad! (Centerville) … Our one bedroom apartments are a great bachelor pad for any single man looking to hook up. This apartment includes a large bedroom, walk in closet, patio, gourmet kitchen, washer dryer hook up and so much more.... A fair-housing organization sued, charging violation of the Fair Housing Act’s section 3604(c) and Ohio’s Revised Code section 4112.02(H)(7), claiming that the bachelor pad ad was facially discriminatory to families and women. The court provided a jury instruction that “The question is not whether the particular advertisement discourages some potential renters from applying … but whether such discouragement is the product of any discriminatory statement or indication in the advertisement. If an ordinary reader who is a member of a protected class would be discouraged from answering the advertisement because of some discriminatory statement or indication contained therein, then the fair housing laws have been violated.” The trial court ruled in favor of the landlord. The Sixth Circuit reversed and remanded for a new trial based on the erroneous instruction. View "Miami Valley Fair Hous. Ctr., Inc. v. Connor Grp." on Justia Law

The City of Papillion condemned property owned by Appellant for a road project. The City built a new road on Appellant's new property along with an iron fence on the north side of the road, which abutted Appellant's remaining property. Appellant brought suit. The trial court concluded that the City had statutory authority to condemn the property for the fence and that the City's building of the fence was not a second taking that limited Appellant's access to the new road. Appellant appealed these issues. The City cross appealed, arguing that the district court erred in granting Appellant interest, fees, expenses, and costs. The Supreme Court affirmed, holding (1) Appellant failed to timely appeal its claims that the trial court erred in concluding the City had statutory authority to condemn the property for the fence and the City's building of the fence was not a second taking; and (2) the court's award of interest, fees, expenses, and costs was proper. View "Pinnacle Enters. v. City of Papillion" on Justia Law

Plaintiffs filed suit against the Town after the Town declared plaintiffs' cottages to be in violation of its nuisance ordinance. The cottages were considered nuisances as a result of storm or erosion damage. The court affirmed the district court's grant of summary judgment on plaintiffs' procedural due process claims because plaintiffs' procedural due process rights were not violated where the Town never deprived plaintiffs of any property interest; affirmed the grant of summary judgment on plaintiffs' equal protection claims because plaintiffs' equal protection rights were not violated where the Town had a rational basis for its decision to declare plaintiffs' cottages nuisances under the Town's ordinance; and remanded the takings claims based on the court's conclusion that a state and its political subdivisions waived the state-litigation requirement by removing a case to federal court. View "Sansotta v. Town of Nags Head" on Justia Law

The City of Springfield passed an ordinance creating a single-parcel historic district encompassing a church owned by the Roman Catholic Bishop of Springfield (RCB). Under the ordinance, RCB could not make any changes affecting the exterior of the church without the permission of the Springfield Historical Commission (SHC). RCB challenged the ordinance, claiming it violated RCB's rights under the First Amendment, the Religious Land Use and Institutionalized Persons Act, and the Massachusetts Constitution. The district court granted summary judgment for the City, concluding that some of RCB's claims were not ripe for review and that its remaining claims failed as a matter of law. The First Circuit Court of Appeals dismissed RCB's unripe claims without prejudice and rejected the remaining ripe claim, holding (1) the claims that the district court found were unripe should have been dismissed without prejudice, not resolved on summary judgment; (2) those of RCB's claims which depended on the potential consequences of compliance with the ordinance were not ripe for adjudication; and (3) RCB's claim based on the enactment of the ordinance was ripe for review but failed on the merits. View "Roman Catholic Bishop of Springfield v. City of Springfield" on Justia Law

SCV filed suit against the City and its officials alleging that Lexington City Code section 420-205(C) (the "Ordinance), which bans any private access to City-owned flag standards, contravenes the SCV's First Amendment rights and breached a consent decree resolving an earlier lawsuit between SCV and the City. The court concluded there was no legal support for requiring the City to relinquish its control over the flag standards because they are not a traditional public forum; inasmuch as the Ordinance was lawfully enacted to close a designated public forum, the court affirmed the dismissal of the SCV's free speech claim; in regards to the civil contempt claim relating to the Consent Decree, the court agreed with the district court's conclusion that, because there was no constitutional violation posed by the Ordinance, there could be no violation of the Decree; and, because the flag standards are no longer given over to private expression, their use is not governed by the Decree. Accordingly, the court affirmed the judgment of the district court. View "Sons of Confederate Veterans v. City of Lexington, VA" on Justia Law

The City amended it's zoning laws to prohibit the nonconforming use of non-owner-occupied multiple dwellings in various zoning districts. Plaintiffs alleged that the City's failure to notify them, as affected property owners, prior to enacting this zoning change violated their due process rights under the Fourteenth Amendment. The court affirmed the district court's conclusion that the change of zoning rules did not offend the procedural guarantees of the Due Process Clause because the zoning amendment was prospective and generally applicable, and was therefore "legislative" in character rather than "adjudicative." View "Edelhertz v. City of Middletown" on Justia Law

After the City of Moorhead annexed Americana Estates (Americana), a residential subdivision with sixty-five metered electric service accounts, the City filed a condemnation petition to begin municipal electric service to residents of Americana. After a hearing, a three-member commission of the district court awarded the Red River Valley Cooperative Power Association (RRVC), which previously served Americana, $307,214. Both parties appealed the commission's award of damages. After a jury trial, the district court awarded a total compensation award to RRVC of $385,311. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the City's valuation was inconsistent with the plain language of Minn. Stat. 216B.47 by failing to give meaningful consideration to four statutory factors and thus was properly excluded from consideration by the district court; and (2) the district court did not abuse its discretion in excluding portions of an untimely revised report submitted by the City dealing with facility replacement costs. View "City of Moorhead v. Red River Valley Coop. Power Ass'n" on Justia Law

Plaintiff applied for a special permit to open an adult entertainment establishment within an industrial district. By the terms of a City ordinance, adult entertainment was forbidden on sites within an industrial district. The City denied Plaintiff's application. The Zoning Board of Appeals denied Plaintiff's appeal for variances from the ordinances. At issue on appeal was whether the City's zoning ordinances violated the First Amendment by preventing Plaintiff from opening his adult entertainment establishment on land zoned industrial without providing an adequate opportunity elsewhere. The federal district court entered summary judgment for the City. The First Circuit Court of Appeals affirmed, holding (1) the district court did not err in calculating the land available to Plaintiff for adult use; and (2) the available land provided Plaintiff a reasonable opportunity to open an adult business. View "Lund v. Fall River, Mass." on Justia Law

Appellants in this case were rental property owners in the City of La Vista. Appellant sought a declaration that the City's ordinance establishing a rental housing licensing and inspection program was unconstitutional. Appellants claimed that the ordinance's application to rental property residences only, and not to owner-occupied residences, was an arbitrary and unreasonable classification that violated Nebraska's constitutional prohibition against special legislation. The district court entered summary judgment for the City. The Supreme Court affirmed, holding that the City's ordinance did not violate the prohibition against special legislation, as (1) the distinction between rental property residences and owner-occupied residences presented a real difference in circumstances; and (2) the City's regulation of rental properties was reasonably related to its legitimate goal of maintaining safe rental housing and livable neighborhoods. View "D-CO, Inc. v. City of La Vista" on Justia Law

Plaintiff owned and operated certain water and sewer facilities in the City of Fort Wayne. The facilities were divided into two separate geographic areas - the North System and the Aboite System. In 2002 the City passed a resolution appropriating and condemning the North System. The City assessed damages in the amount of $14,759,500. Plaintiff challenged the condemnation proceedings alleging that the City failed to follow the proper eminent domain or condemnation statutes. The trial court granted summary judgment for the City, and the Supreme Court affirmed. The City subsequently reaffirmed its initial resolution appropriating and condemning Plaintiff's North System and adopted a resolution assessing damages in the amount of $16,910,5000. Plaintiff appealed the decision to the trial court and requested a trial by jury. The trial court refused the trial request and granted the City's motion for partial judgment on the pleadings. The Supreme Court reversed, concluding that Plaintiff had a right to the trial court's review of the record which included a full evidentiary hearing before a jury. View "Util. Ctr., Inc. v. City of Fort Wayne" on Justia Law