Justia Zoning, Planning & Land Use Opinion Summaries

The Tennessee Adult-Oriented Establishment Registration Act of 1998 is a county-option state law to address deleterious secondary effects associated with adult-oriented businesses, including crime, spread of venereal disease, and decreased property values. Adult-oriented establishments that are subject to the Act, and their employees, must obtain licenses. The Act prohibits nudity, certain sexual activities, touching of certain anatomical areas, all physical contact during performances, sale or consumption of alcohol on the premises; it requires that all performances occur on a stage at least 18 inches above floor level with all performers at least six feet away from customers and other performers. Shelby County adopted the Act in 2007. Owners of adult establishments challenged the ordinance. Following denial of a preliminary injunction, the district court granted summary judgment upholding the law, except with respect to a claim of facial invalidity attacking the reasonableness of coverage of establishments featuring “briefly attired” dancers. The court then rejected that challenge. The Sixth Circuit affirmed, rejecting First Amendment challenges. View "Entm't Prods., Inc. v. Shelby Cnty." 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

Applicants challenged a Department of Development and Environmental Services order declaring the use of the property at issue here was not compliant with King County zoning ordinances. The assertion was that the use was established before the ordinances were revised and characterized as non-conforming. The hearing examiner found for the landowner (and county) on all relevant issues, but the superior court reversed. The appellate court reversed the superior court, and the Supreme Court reversed the appellate court. The Supreme Court held that the landowner's use was not established within the meaning of the county code. View "King County Dep't of Dev. & Envtl. Servs. v. King County" on Justia Law

Plaintiff Kane Properties, LLC contracted to purchase a piece of property in Hoboken zoned for industrial use. It applied for the necessary variances to construct a residential building. The Zoning Board granted the requested variances. The principal objector to plaintiff's proposal, Skyline Condominimum Association, Inc. appealed to the Hoboken City Council. Before the hearing, Skyline's attorney accepted an appointment as the City Council's attorney. Plaintiff objected to the attorney's participation in the appeal, and the attorney recused himself. Council reversed the zoning board's decision. On appeal, Plaintiff argued that the attorney's involvement in the Skyline appeal in spite of a conflict of interest had irreparably tainted the City Council’s decision. The trial court affirmed the City Council’s decision. Plaintiff then appealed to the Appellate Division. After applying an appearance-of-impropriety standard and finding a conflict of interest, the panel concluded that the attorney's participation in the appeal tainted the City Council’s action. The matter was remanded to the City Council for a proceeding de novo. But Plaintiff filed a petition for certification to the Supreme Court, arguing that a remand back to the City Council was inappropriate. Upon review of the matter, the Supreme Court set aside the City Council's decision because the Court found it was tainted by its new attorney's conflict of interest. View "Kane Properties, LLC v. City of Hoboken" on Justia Law

The Supreme Court held that in a case involving issues for zoning variances under the Municipal Land Use Law (MLUL), evaluation of the suitable standard is a fact-specific and site-sensitive matter requiring a finding that the general welfare would be served because the proposed use was peculiarly fitted to the particular location. Although the availability of alternative locations is relevant, it does not bar a finding of particular suitability. View "Price v. Himeji, LLC" on Justia Law

The Town of Hartford and Marc and Susan Wood have been involved in a property dispute for over a decade. At issue: the construction of a large concrete retaining wall along the Woods property. They appealed the latest superior court decision in the matter. In 1999, the Town approved the Woods' application for a zoning permit to construct the wall. In early 2000, Woods began stockpiling recycled concrete slab sections in order to construct it. The Town served Woods a Notice of Violation (NOV) and filed an enforcement action, arguing that the concrete was not what was specified in the zoning permit. A court determined that Woods failed to meet the specifications for the permit. Woods appealed, and thus began the litigation that ultimately wound up before the Supreme Court in this case. In 2011, the superior court concluded that Woods still had not adhered to the permit's specifications. Woods raised thirteen claims of error on appeal, mostly challenging the sufficiency of evidence and errors in interpretation of the zoning code. Finding no error in the superior court's 2011 decision, the Supreme Court affirmed. View "In re Wood NOV, Town of Hartford v. Wood" on Justia Law

The Town of Fairfax cited homeowner Leon Beliveau for changing the use of his property from a single-family dwelling to a rooming-and-boarding house without obtaining the necessary zoning permits. Beliveau argued on appeal that the trial court erred in finding his property was used as a boarding house, and that the Town's zoning laws were unconstitutionally vague. Finding no error in the trial court's view of Beliveau's property, and that the town's zoning laws were not unconstitutionally vague, the Supreme Court affirmed. View "In re Beliveau NOV, Town of Fairfax v. Beliveau" on Justia Law

A group of Dewey Beach property owners appealed the dismissal of their lawsuit against the Town. They sued to challenge the town's authority to enter into what they characterized as a "private zoning arrangement" to violate certain longstanding zoning requirements. The Court of Chancery dismissed the complaint finding it was not filed within 60 days of the notice given following approval of the developer's record plan. Finding that the Court of Chancery lacked jurisdiction, the Supreme Court affirmed. View "Murray v. Town of Dewey Beach" on Justia Law

The Caroline County Board of Supervisors issued a special exception permit that approved the use of land adjacent to the Rappahannock River for a sand and gravel mining operation. Complainants, the Friends of the Rappahannock and several local landowners and one lessee, challenged the issuance of the permit by filing this declaratory judgment action. The circuit court dismissed the complaint, finding that Complainants lacked standing to bring the suit because the claims alleged were not supported by sufficient facts and because the allegations did not show a loss of a personal or property right different from that "suffered by the public generally." The Supreme Court affirmed, holding (1) the circuit court did not erroneously apply the aggrieved party standard in determining standing in this case; and (2) based on the insufficiency of allegations in their complaint, the individual complainants did not have standing to proceed. View "Friends of the Rappahannock v. Caroline County Bd. of Supervisors" on Justia Law

This case involved a facial challenge to the constitutionality of the City of Red Wing's rental property inspection ordinance. Appellants were landlords and tenants who brought suit seeking a declaratory that the City's ordinance violated the Minnesota Constitution. The district court granted summary judgment in favor of the City, concluding that Appellants lacked standing and that the constitutional claim failed on the merits. The court of appeals affirmed, ruling that Appellants lacked standing. The Supreme Court reversed, holding that Appellants' facial challenge presented a justiciable controversy. On remand, the court of appeals again affirmed, this time concluding that the City's ordinance did not violate the state constitution. The Supreme Court affirmed, holding (1) the law can be applied constitutionally; and (2) because Appellants did not satisfy their burden in a facial challenge to show that the ordinance operated unconstitutionally in all of its applications, Appellants' facial challenge failed. View "McCaughtry v. City of Red Wing" on Justia Law