Justia Zoning, Planning & Land Use Opinion Summaries

Eleven individuals residing in the Town of Rockport, Massachusetts, challenged the creation of a new zoning overlay district that would allow high-density, multi-family housing near a commuter rail station. Some plaintiffs live adjacent to or within the boundaries of the affected overlay district. The plaintiffs argued that the adoption of the district should have required a two-thirds vote at the town meeting under state law, rather than the simple majority used, and alleged that the new zoning would negatively impact their property values and personal expectations regarding their property.After the Town held the vote and adopted the overlay district, the plaintiffs filed suit in the United States District Court for the District of Massachusetts, seeking declaratory and injunctive relief on both state statutory and federal constitutional grounds. The Town moved to dismiss the complaint, arguing the plaintiffs lacked standing. In response, the plaintiffs provided additional details in their briefing but did not amend their complaint to allege specific individualized harm. The District Court dismissed the case for lack of subject-matter jurisdiction, finding the plaintiffs had failed to allege sufficient facts to establish standing, and that neither legislative nor abutter standing applied.On appeal, the United States Court of Appeals for the First Circuit reviewed the dismissal de novo. The court held that the plaintiffs had not adequately demonstrated a concrete and particularized injury-in-fact as required by Article III. General, conclusory allegations about diminished property values and expectations were insufficient. The court also found that statutory “abutter” standing and legislative standing theories did not confer standing in federal court for these claims. The appellate court affirmed the district court’s dismissal for lack of standing and subject-matter jurisdiction. View "Kolackovsky v. Town of Rockport" on Justia Law

A developer purchased a historical property in Newton, Massachusetts, and began restoration work. The Newton Historical Commission issued a stop-work order, claiming the developer violated the permit by demolishing large portions of the building. The developer, 29 Greenwood, LLC, disagreed but complied with the order and submitted revised proposals, all of which were denied. The developer then filed a lawsuit, alleging a violation of the Takings Clause of the U.S. Constitution and state law.The case was initially filed in state court but was removed to the U.S. District Court for the District of Massachusetts. The district court dismissed the complaint, ruling that the dispute was a typical zoning issue not rising to the level of a constitutional taking. The developer appealed the dismissal, arguing that the Commission acted in bad faith and would never permit the reconstruction.The United States Court of Appeals for the First Circuit reviewed the case. The court noted that two related actions were pending in state court, which could potentially resolve or narrow the federal constitutional issues. The court decided to abstain from ruling on the federal issues until the state court proceedings concluded, invoking the Pullman abstention doctrine. The court vacated the district court's dismissal and remanded the case with instructions to stay the federal proceedings pending the outcome of the state court cases. Each party was ordered to bear its own costs. View "29 Greenwood, LLC v. City of Newton" on Justia Law

Municipal ordinances banning coal combustion residuals from landfills were preempted by Puerto Rico Environmental Quality Board’s approval of the disposal.AES Puerto Rico, a coal-fired power plant owner, claimed that two municipal (Humacao and Peñuelas) ordinances banning the approved handling of "coal combustion residuals" (CCRs) were preempted by federal and Commonwealth law and violated various provisions of the federal and Puerto Rico constitutions. The Puerto Rico Environmental Quality Board (EQB) had authorized disposal of coal ash at the El Coquí and Peñuelas Valley landfills within those municipalities. The district court granted summary judgment for the municipalities on AES's federal claims and declined to exercise jurisdiction over the Commonwealth claims. The First Circuit reversed, holding that the local ordinances may not be enforced to the extent they directly conflict with Commonwealth law as promulgated by the EQB. View "AES Puerto Rico, L.P. v. Trujillo-Panisse" on Justia Law

Plaintiffs were property owners who privately leased units in Worcester, Massachusetts to students from the College of the Holy Cross. Plaintiffs brought suit alleging that the City of Worcester engaged in a scheme, through its zoning and code enforcement officials and entities, to selectively enforce the Worcester Zoning Ordinance and state Lodging House Act in order to pressure Holy Cross to make voluntary payments in lieu of property taxes to Worcester. The district court granted the City’s motion to dismiss for failure to state a claim. The First Circuit affirmed, holding that the district court properly dismissed Plaintiffs’ claims for the reasons stated in the district court’s opinion. View "College Hill Props., LLC v. City of Worcester" on Justia Law

Appellants sought permission from the Town of Rome Planning Board to build a wireless communications tower. The Planning Board voted to deny Appellants’ application. Appellants subsequently filed suit alleging various claims under the Telecommunications Act of 1996 (TCA), the Due Process Clause, and Maine law. The TCA provides relief to those who are denied permission to build telecommunications facilities at the state or local level through “final action.” The district court dismissed the majority of the TCA claims without prejudice because Appellants had not appealed to the Board of Appeals at the time they filed their TCA claims and also dismissed Appellants’ due process challenges. The First Circuit affirmed, holding (1) the district court correctly dismissed Appellants’ TCA claims, as the Planning Board’s decision did not mark the end of the administrative process and thus was not a “final action” for TCA purposes; and (2) Appellants’ federal constitutional due process claims were without merit. View "Global Tower Assets LLC v. Town of Rome" on Justia Law