Justia Zoning, Planning & Land Use Opinion Summaries

In Puerto Rico, the Controlled Access Law (CAL) allows private citizens to protect themselves against violent crimes by maintaining gated residential communities that incorporate public streets. In 2004, two corporations operated by the governing body of the Jehovah’s Witnesses brought suit against municipal defendants alleging that the CAL unconstitutionally infringed on the Jehovah’s Witnesses’ right to engage in door-to-door ministry. The district court established a remedial scheme that attempted to balance the competing interests of the parties. Both the Jehovah’s Witnesses and the municipalities appealed. The First Circuit upheld the district court’s solution but modified it in some aspects, holding that the district court did not abuse its discretion in crafting the remedy at issue. View "Watchtower Bible & Tract Soc’y of N.Y., Inc. v. Colombani" on Justia Law

Sunrise filed suit alleging intentional discrimination, disparate impact discrimination, and failure to grant a reasonable accommodation under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., after the commissioner determined that Sunrise's application for a special permit to establish a facility for individuals recovering for drug or alcohol addiction did not meet applicable zoning regulations. The court affirmed the district court's dismissal of the complaint based on lack of subject matter jurisdiction because the dispute was not ripe. In this case, Sunrise failed to pursue a variance or to appeal the commissioner's determination, and therefore, failed to obtain a final decision on the permit application. The court concluded that Sunrise's remaining arguments were without merit. View "Sunrise Detox v. City of White Plains" on Justia Law

About 100 years ago, the then-owners of land abutting a 2.88-mile stretch of rail corridor near the City of South Hutchinson, Kansas granted deeds covering that land to the predecessor of the Burlington Northern and Santa Fe Railway (BNSF). The corridor was used by BNSF until 2004. It was then converted to a recreational trail pursuant to the National Trail Systems Act, 16 U.S.C. 1247(d). The current owners asserted that the conversion constituted a taking and sought compensation under the Fifth Amendment. The Court of Federal Claims entered summary judgment in favor of the government, finding that none of the plaintiffs possessed a fee-simple property interest in the land underlying the rail corridor that could be the subject of a taking because the land had been conveyed to the BNSF’s predecessor in fee simple and not by easements. The Federal Circuit affirmed in part, finding that some of the land was conveyed to the BNSF’s predecessor in fee simple, but that the railroad was only granted an easement over other land. With respect to others, the issue was clouded by chain-of-title questions. View "Biery v. United States" on Justia Law

In 2009, the Town of Dillon enacted two municipal ordinances: one authorized a local road improvement project, and another concerning parking enforcement on a public right-of-way. Owners of the Yacht Club Condominiums challenged the ordinances, arguing, among other things, that the ordinances were an unreasonable exercise of the Town's police power because they eliminated the ability of the owners' guests to use the Town's rights-of-way as overflow parking. The trial court concluded the Town's exercise of its police power was unreasonable. The court of appeals affirmed the trial court's decision. The Town appealed, and the Supreme Court reversed. The Supreme Court found that the ordinances were within the Town's police power to regulate matters of public health, safety and welfare, and reasonably related to the Town's objectives of improving traffic safety and improving water drainage. View "Town of Dillon v. Yacht Club Condominiums Home Owners Association" on Justia Law

Plaintiff filed suit against the Town after a decade of dealing with the Town in plaintiff's efforts to apply for subdivision approval. The court reversed the district court's decision to dismiss plaintiff's federal takings claims, concluding that his claim became ripe because of the way the Town handled his application under Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City where the Town employed a decade of unfair and repetitive procedures, which made seeking a final decision futile. The Town also unfairly manipulated the litigation of the case in a way that might have prevented plaintiff from ever bringing his takings claim. The court vacated the district court's dismissal of plaintiff's non-takings claims based on ripeness grounds and declined to exercise supplemental jurisdiction over his state law claims. The court affirmed the district court's decision to dismiss plaintiff's 42 U.S.C. 1981 claim, to deny plaintiff leave to amend to add a 42 U.S.C. 1982 claim, and to dismiss plaintiff's procedural due process claim based on the consultants' fee law. View "Sherman v. Town of Chester" on Justia Law

Plaintiffs, property owners in the City of Sanibel, filed suit against the city challenging a municipal ordinance that prohibits them from building a boat dock or accessory pier on their properties. On appeal, plaintiffs challenged the dismissal of their substantive due process claims. The court rejected plaintiffs' argument that Lingle v. Chevron U.S.A., Inc. created a new "substantial advancement" test for substantive due process claims based on state-created property rights. The district court correctly concluded that the riparian rights asserted by plaintiffs were state-created rights, not fundamental rights. Because plaintiffs challenged the ordinance on its face rather than contesting a specific zoning or permit decision made under the auspices of the ordinance, the court concluded that they were challenging a legislative act. Under the court's existing precedent, the court concluded that plaintiffs could not show that the ordinance lacked a rational basis and the court declined to adopt a new standard of review. Plaintiffs themselves plead at least two rational bases for the ordinance in their Amended Complaint: protection of seagrasses and aesthetic preservation. Accordingly, the court affirmed the judgment of the district court.View "Kentner, et al. v. City of Sanibel" on Justia Law

The City of Baton Rouge/Parish of East Baton Rouge sought injunctive relief against defendant Stephen Myers to compel him to cease his alleged violation of the City-Parish’s Unified Development Code (the “UDC”), Title 7, Chapter 8, Section 8.201, Appendix H, entitled “Permissible Uses.” The City-Parish alleged that more than two unrelated persons were residing in a home owned by the defendant in an area zoned “A1” and restricted to “single-family dwellings.” The defendant answered the petition, admitting that he was the owner, but denying that he occupied the premises, as he had leased the property to other occupants. The defendant sought dismissal of the action for injunctive relief and asserted, both as an affirmative defense and as the basis for his reconventional demand for declaratory judgment: that the UDC zoning law’s restrictive definition of “family” was unconstitutional on its face and as applied, violating his state and federal constitutional rights of freedom of association; deprived him of his property without due process of law; denied him an economically viable use of his property; and violated his equal protection rights, contending the ordinance “impose[d] greater limitations on owners who choose to rent their homes . . . than it does on owners who choose not to rent their homes” and also by prohibiting “foster children and non-adopted stepchildren without a living biological parent from being able [to] reside with their respective foster parents and stepparents . . . while allowing an unlimited number of very distant relatives via blood, marriage or adoption to reside together.” The defendant also urged, along with defenses and/or matters not relevant hereto, that the zoning law’s definition of “family” should be declared void for vagueness because its prohibitions were not clearly defined and it does not contain an unequivocal statement of law. Upon review, the Supreme Court concluded the district court erred in its rulings; therefore, the Court reversed the declaration of unconstitutionality and the denial of a suspensive appeal, and remanded the case for further proceedings. View "City of Baton Rouge v. Myers" on Justia Law

Chiwawa Communities Association appealed the trial court's grant of summary judgment to owners of homes in the Chiwawa River Pines community. Respondents Ross and Cindy Wilkinson asked the trial court to invalidate a 2011 amendment to the community covenants prohibiting rental of their homes for less than 30 days. The issue this case presented for the Supreme Court was whether short-term vacation rentals conflicted with the covenants in place prior to 2011, if the Association validly amended the covenants to prohibit them, and if the trial court erred by striking portions of the offered evidence. Upon review, the Court concluded that short-term rentals did not violate the covenants barring commercial use of the property or restricting lots to single-family residential use. Furthermore, the Court held the Association exceeded its power to amend the covenants when it prohibited short-term vacation rentals in 2011, and the trial court did not err by granting in part motions brought by the Wilkinsons to strike evidence. View "Wilkinson v. Chiwawa Cmtys. Ass'n" on Justia Law

The issue before the Supreme Court in this case centered on whether the "vested rights doctrine" applied to permit applications filed under plans and regulations that were later found to be noncompliant with the State Environmental Policy Act (SEPA). In 2006, BSRE Point Wells LP asked Snohomish County to amend its comprehensive plan and zoning regulations to allow for a mixed use/urban center designation and redevelopment of the Point Wells site. BSRE wanted to redevelop the property by adding over 3,000 housing units and over 100,000 square feet of commercial and retail space. The petitioners, Town of Woodway and Save Richmond Beach Inc., opposed the project. They argued that the area lacked the infrastructure needed to support an urban center, namely sufficient roads and public transit. These nearby communities did not want to "bear the burden of providing urban services to the site." Upon review, the Supreme Court concluded the vested rights doctrine did apply to the permit applications filed in this case: local land use plans and development regulations enacted under the Growth Management Act (GMA), chapter 36.70A RCW, are presumed valid upon adoption. Should a valid plan or regulation later be found to violate SEPA, the exclusive remedies provided by the GMA affect only future applications for development-not development rights that have already vested. In this case, BSRE Point Wells LP (BSRE) submitted complete applications for development permits before the local land use ordinances were found to be noncompliant with SEPA. BSRE's rights vested when it submitted its applications. A later finding of noncompliance did not affect BSRE's already vested rights. View "Town of Woodway v. Snohomish County" on Justia Law

In 2010, the City of Sandy Springs and two individual homeowners, John E. Balsam and Jerry Burnstein, filed suit against Fulton County, its Board of Commissioners, and its Director of Public Works. Sandy Springs sought a declaratory judgment, mandamus, and injunctive relief on whether Fulton County retained ownership of and responsibility for two drainage retention ponds and a dam located within Sandy Springs. Following a bench trial, the trial court found in favor of Sandy Springs, and Fulton County appealed, contending that it was prohibited from maintaining the detention ponds pursuant to the Georgia constitution. Under the circumstances of this case, the Supreme Court found that Fulton County retained current ownership of and responsibility for the easements it held over the dam and retention ponds located in Sandy Springs. However, any concomitant responsibility continued only until the easements at issue were legally transferred, terminated, or prospectively abandoned. As a result, to the extent that the trial court's order could be read to indicate that Fulton County had to maintain the easements in perpetuity, the Court reversed.View "Fulton County v. City of Sandy Springs" on Justia Law