Justia Zoning, Planning & Land Use Opinion Summaries

In September 2020, CloudKitchens applied for a zoning clearance from the City of Oakland to convert a wood shop into a commercial kitchen. The facility, measuring approximately 14,000 square feet, was classified as "Light Manufacturing" under the Oakland Municipal Code (OMC) because it involved food production exceeding 10,000 square feet. The City’s Planning Department issued the zoning clearance and a subsequent building permit for renovations. In April 2021, local neighborhood associations learned of the project and requested the City reconsider the zoning classification, arguing it was essentially a fast-food restaurant, which was not permitted in the zone. The Planning Department denied the request, maintaining the classification was correct.The neighborhood associations filed a formal complaint requesting a revocation review process, which the Planning Department also denied, stating the classification was consistent with similar uses and that there was no substantial evidence of a nuisance. An independent hearing officer affirmed this decision, noting that the Enforcement Regulations under chapter 17.152 were not intended to revisit zoning determinations. The hearing officer also found the classification as "Light Manufacturing" to be supported by sufficient evidence. The associations then petitioned for a writ of mandate in the Alameda County Superior Court, which was denied. The court held that chapter 17.152 did not provide a legal basis to challenge the prior zoning determination.The California Court of Appeal, First Appellate District, reviewed the case and affirmed the lower court's decision. The court held that chapter 17.152 of the OMC does not authorize challenges to zoning determinations, which are governed by chapter 17.132. The court found that the neighborhood associations' appeal was time-barred under the specific procedures outlined in chapter 17.132, which requires appeals to be filed within ten days of the Planning Department's decision. The court concluded that the Enforcement Regulations could not be used to challenge the initial zoning classification. View "San Pablo Ave Golden Gate Improvement Assn v. City Council Oakland" on Justia Law

American Warrior, Inc. owned an oil and gas lease on a 177-acre tract in Finney County, Kansas. In 2020, Huber Sand, Inc. acquired surface rights to the same tract and applied for a conditional use permit to operate a sand and gravel quarry. The Finney County Board of Zoning Appeals approved the permit with conditions after public meetings and consideration of community feedback.The Finney District Court upheld the permit's issuance, ruling that the County properly delegated the authority to issue conditional use permits to the Zoning Board. American Warrior appealed, arguing that the local procedure conflicted with state law, specifically K.S.A. 12-757, which outlines procedures for amending zoning regulations. The Kansas Court of Appeals reversed the district court, holding that the County's procedure conflicted with state law, relying on precedents from Crumbaker v. Hunt Midwest Mining, Inc. and Manly v. City of Shawnee.The Kansas Supreme Court reviewed the case and held that Finney County's zoning regulations did not conflict with state law. The Court found that K.S.A. 12-757 applies only to amendments of zoning regulations and not to the issuance of conditional use permits. The Court also determined that the County's regulations, which allow the Zoning Board to issue conditional use permits, were valid under K.S.A. 12-755 and K.S.A. 12-759. The Supreme Court reversed the Court of Appeals' decision and affirmed the district court's judgment, upholding the validity of the conditional use permit issued to Huber Sand, Inc. View "American Warrior, Inc. v. Board of Finney County Comm'rs" on Justia Law

A developer proposed constructing a 12-unit residential condominium in downtown Lafayette, California, on a parcel mostly occupied by a vacant, dilapidated convalescent hospital. The City of Lafayette determined the project was exempt from the California Environmental Quality Act (CEQA) review, classifying it as infill development. Nahid Nassiri, who owns an adjacent office building, challenged this decision, arguing the site had value as habitat for rare species and that the project would significantly affect air quality.The Contra Costa County Superior Court initially granted Nassiri's petition, finding insufficient evidence to support the City's determination that the site had no value as habitat for rare species. However, the court rejected Nassiri's other claims regarding general plan consistency, air quality effects, and mitigation measures. The developer and the City filed a motion for a new trial, arguing that the project site, as defined by recent case law, did not include the area with potential habitat. The trial court granted the motion, leading to the denial of Nassiri's petition.The California Court of Appeal, First Appellate District, reviewed the case. The court found substantial evidence supporting the City's determination that the project site had no value as habitat for rare species, specifically the oak titmouse and Nuttall’s woodpecker. The court also upheld the City's finding that the project would not significantly affect air quality, dismissing Nassiri's reliance on a health risk assessment that did not accurately reflect the project's construction characteristics. Lastly, the court declined to address the "unusual circumstances" exception to the CEQA exemption, as Nassiri did not properly raise this issue in the trial court. The judgment was affirmed. View "Nassiri v. City of Lafayette" on Justia Law

The case involves two nonprofit organizations, the National Federation of the Blind of Texas and Arms of Hope, which use donation boxes to collect items for fundraising. The City of Arlington, Texas, enacted an ordinance regulating the placement and maintenance of these donation boxes, including zoning restrictions and setback requirements. The nonprofits challenged the ordinance, claiming it violated the First Amendment by restricting their ability to place donation boxes in certain areas of the city.The United States District Court for the Northern District of Texas reviewed the case. The court granted summary judgment in favor of Arlington on several counts, including the constitutionality of the setback requirement and the ordinance not being overbroad or a prior restraint. However, the court ruled in favor of the nonprofits on the zoning provision, finding it was not narrowly tailored and thus violated the First Amendment. The court enjoined Arlington from enforcing the zoning provision against the nonprofits.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the ordinance was content-neutral and subject to intermediate scrutiny. It found that the zoning provision, which limited donation boxes to three of the city's 28 zoning districts, was narrowly tailored to serve Arlington's significant interests in public health, safety, welfare, and community aesthetics. The court also upheld the setback requirement, finding it did not burden more speech than necessary and left ample alternative channels of communication. The court concluded that the ordinance's permitting provisions did not constitute an unconstitutional prior restraint.The Fifth Circuit vacated the district court's judgment regarding the zoning provision and rendered judgment in favor of Arlington on that part. The rest of the district court's judgment was affirmed. View "National Federation of the Blind of Texas, Incorporated v. City of Arlington" on Justia Law

AUUE, Inc. applied for a zoning permit to develop a medical center, including a hospital, medical clinic, and professional offices, on five parcels of land in Jefferson Hills Borough. The Borough's Zoning Officer issued a use permit, recognizing that the proposed use was allowed by right in the Office Park District (O-P District), but conditioned the permit on AUUE obtaining further approvals before any development could commence. Residents of Jefferson Hills appealed, arguing that the application violated several provisions of the Borough’s Zoning Ordinance.The Zoning Hearing Board (ZHB) overturned the Zoning Officer’s decision, concluding that the proposed medical center was not permitted by right in the O-P District and that the Zoning Officer exceeded his authority by issuing a permit without ensuring full compliance with the Ordinance. The ZHB identified several violations in the application, including improper use of accessory parking lots and lack of direct access to a collector or arterial road.The Commonwealth Court reversed the ZHB’s decision, holding that the Zoning Officer had the authority to issue a use permit recognizing the proposed use as allowed by right in the O-P District. The court found that the ZHB should have limited its review to whether the proposed use was permitted by right, rather than considering overall compliance with the Ordinance.The Supreme Court of Pennsylvania affirmed the Commonwealth Court’s decision. It held that the Zoning Officer had the authority to issue a use permit for the limited purpose of recognizing that the proposed use was allowed by right in the O-P District. The ZHB was required to limit its review to this issue and was not permitted to overturn the Zoning Officer’s decision based on other potential violations of the Ordinance. View "AUUE, Inc. v. Borough of Jefferson Hills" on Justia Law

Citizens of a town submitted a document to the town's Board of Commissioners, seeking a referendum on a zoning ordinance that reclassified certain properties. The document contained 1,051 signatures and requested the reversal of the zoning changes. However, it did not reference the specific ordinance or request a referendum vote. The Commissioners determined that the document did not meet the requirements of the town's charter for a valid petition for referendum.The Circuit Court for Harford County reviewed the case and ruled that the Commissioners' determination was invalid. The court found that the Commissioners should have submitted the document to the Board of Election Judges for verification of signatures before making any determination on its validity. The court also ruled that the Commissioners' action by verbal motion was insufficient and that they should have acted by ordinance or resolution.The Supreme Court of Maryland reviewed the case and held that the Commissioners correctly determined that the document did not meet the charter's requirements for a valid petition for referendum. The court found that the charter did not require the Commissioners to submit the document to the Board of Election Judges for signature verification before making a threshold determination of its validity. The court also held that the Commissioners were authorized to make their determination by verbal motion, as memorialized in the meeting minutes.The Supreme Court of Maryland vacated the Circuit Court's judgment and remanded the case for entry of a declaratory judgment consistent with its opinion. The court concluded that the citizens were not entitled to a writ of mandamus or permanent injunctive relief. View "Town of Bel Air v. Bodt" on Justia Law

The case involves Pure Oasis LLC, which applied for a conditional use permit to operate a recreational cannabis dispensary in Boston. The building commissioner denied the permit, and Pure Oasis appealed to the Board of Appeal of Boston. After multiple hearings, the board approved the permit. William Shoucair, an abutter to the property, opposed the permit, arguing it would negatively impact the neighborhood and filed a complaint in the Superior Court in Suffolk County, appealing the board's decision.The Superior Court judge ordered each plaintiff to post a $3,500 bond, despite not finding the appeal to be in bad faith. The judge applied the standard from Damaskos v. Board of Appeal of Boston, which allows for a bond to discourage frivolous appeals while not obstructing meritorious ones. The plaintiffs sought interlocutory review, and a single justice of the Appeals Court stayed the bond order and allowed an interlocutory appeal. The Supreme Judicial Court of Massachusetts granted direct appellate review.The Supreme Judicial Court of Massachusetts held that under Section 11 of the Boston zoning enabling act, a preliminary finding of bad faith or malice is not required before imposing a bond for damages. The court reaffirmed the standard from Damaskos, which balances discouraging frivolous appeals with not obstructing meritorious ones. The court found no abuse of discretion by the lower court judge in setting the bond amount and affirmed the order. View "Shoucair v. Board of Appeal of Boston" on Justia Law

The Regents of the University of California (Regents) approved the construction of a new hospital at the University of California San Francisco (UCSF) Parnassus Heights campus. The Parnassus Neighborhood Coalition (the Coalition), a group of local property owners, sued to halt the construction, arguing it would violate local building height and bulk restrictions. The Regents countered that as a state entity, they were immune from local building and zoning regulations when engaging in governmental activities, such as constructing university buildings. The trial court disagreed, ruling that the question of whether the construction constituted a governmental or proprietary activity could not be resolved at this stage.The trial court concluded that the Regents' immunity depended on whether the proposed construction was a governmental or proprietary activity, a question of fact that could not be resolved on a demurrer. The court further concluded that the exemption only applies when a project is solely for educational purposes. The Regents petitioned for a writ of mandate to vacate the trial court’s order.The Court of Appeal of the State of California First Appellate District Division Three reviewed the case. The court held that the proposed hospital would facilitate the provision of clinical services, thereby advancing UCSF’s academic mission and the Regents’ educational purpose, which is a governmental activity. Therefore, the project falls within the Regents’ broad public purpose, and the Regents are exempt from the local regulations at issue. The court concluded that the demurrer should have been sustained and issued the writ of mandate. The court also ordered modifications to the published opinion filed on June 13, 2024, but there was no change in the judgment. View "Regents of the University of Calif. v. Super. Ct." on Justia Law

The case revolves around a dispute over the conditional rezoning of a property in Mayfield Township, Michigan. The property, owned by A2B Properties, LLC, had been the site of the Lapeer International Dragway since 1968. In 2018, A2B purchased the dragway, expanded the facilities, and increased its hours of operation. In 2021, A2B filed a conditional-rezoning agreement with the township, seeking to have the property rezoned from Residential Agricultural District (R-1) to General Commercial District (C-2), with limitations on when the dragway could operate. The township board approved the conditional-rezoning agreement and rezoned the property as requested. However, Ronald and Susan Jostock, who live near the dragway, filed a lawsuit seeking declaratory relief that the conditional rezoning was erroneous and injunctive relief to enjoin the conditional rezoning.In the lower courts, the Lapeer Circuit Court denied the defendants' motions for summary disposition and granted declaratory relief to the plaintiffs, noting that the rezoning was conditioned on A2B operating the dragway in a specified manner. However, because operation of a dragway is not a permitted use in the C-2 district, A2B had erroneously bound itself to perform conditions it could not lawfully perform in that district. On that basis, the trial court held that the conditional rezoning was invalid. The Court of Appeals affirmed the trial court’s order, reasoning that the conditional-rezoning agreement was void because use as a dragway was not an approved use for that area under the township’s zoning ordinance.The Michigan Supreme Court held that a conditional rezoning is invalid under MCL 125.3405(1) if the proposed use is not a permitted use—either by right or after special approval—within the proposed zoning district. The court vacated the judgments of the lower courts and remanded the case back to the trial court for further proceedings to determine whether a dragway is a permitted use in the C-2 zoning district. View "Jostock v. Mayfield Township" on Justia Law

In September 2020, CloudKitchens applied to the City of Oakland's Planning Department for a zoning clearance to convert a wood shop into a commercial kitchen. The proposed facility was described as a compartmentalized commercial kitchen for take-out services only, measuring roughly 14,000 square feet. The facility is located in a Housing and Business Mix-1 Commercial Zone (HBX-1 zone), which permits certain industrial activities classified as "Light Manufacturing." The Planning Department issued CloudKitchens a zoning clearance and later a building permit allowing renovations.In April 2021, the San Pablo Avenue Golden Gate Improvement Association, Inc., and Oakland Neighborhoods For Equity (Neighbors) learned of CloudKitchens's plans. They sent a letter to the City Administrator requesting that the City reconsider its approval of CloudKitchens as qualifying for HBX-1 classification. The City's Zoning Manager responded, maintaining that the decision was proper. In July, Neighbors filed a formal complaint requesting the Planning Department initiate a revocation review process. They alleged that CloudKitchens will become a nuisance due to increased traffic, air pollution, and noise, and that the commercialized kitchen is essentially a Fast-Food Restaurant not permitted in an HBX-1 zone. The Planning Department denied the request.Neighbors then petitioned for a writ of mandate in the trial court. Following a hearing, the trial court affirmed, holding that chapter 17.152 “does not create a legal basis to challenge a prior zoning determination made by the City.” Neighbors appealed.The Court of Appeal of the State of California First Appellate District Division Four affirmed the trial court's decision. The court held that chapter 17.152 does not provide a legal basis to challenge the Planning Department’s interpretations and determinations of the zoning regulations, including use classifications and zoning clearances. The court also noted that the Enforcement Regulations still permit Neighbors to seek a revocation hearing for any nonconforming uses (or nuisances) if they arise. However, the Enforcement Regulations do not allow members of the public to challenge use classifications or zoning determinations outside the procedures prescribed in chapter 17.132. View "San Pablo Ave. Golden Gate Improvement Assn. v. City Council of Oakland" on Justia Law