Justia Zoning, Planning & Land Use Opinion Summaries

Articles Posted in US Court of Appeals for the First Circuit
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The First Circuit affirmed the judgment of the district court granting summary judgment in favor of the Town of Pembroke, New Hampshire and dismissing the complaint filed by Signs for Jesus and Hillside Baptist Church (collectively, the Church) challenging the Town's denial of the Church's application for a permit to install an electronic sign on its property, holding that the Town met its summary judgment burden on all counts.Hillside Baptist Church applied for a permit to install an electronic sign on its property to transmit messages provided by the nonprofit corporation Signs for Jesus. The Pembroke Zoning Board of Adjustment denied the permit, citing a provision in the Pembroke Sign Ordinance that bans the use of electronic signs in the zoning district where the Church was located. The Church later brought this complaint, alleging violations of the state and federal Constitutions, the Religious Land Use and Institutionalized Persons Act, and certain New Hampshire zoning laws. The district court granted summary judgment for the Town and declined to exercise supplemental jurisdiction over the Church's state statutory claims. The First Circuit affirmed, holding that the district court did not err. View "Signs for Jesus v. Pembroke, New Hampshire" on Justia Law

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In this case involving a dispute between Portland Pipe Line Corporation (PPLC) and the City of South Portland (the City) the First Circuit certified three questions to the Maine Law Court because this clash raised important questions of state law preemption doctrine and statutory interpretation that are unresolved and may prove dispositive.The parties to this dispute were PPLC, a Maine corporation engaged in the international transportation of oil, and the City, which enacted a municipal zoning ordinance prohibiting the bulk loading of crude oil onto vessels in the City's harbor. The ordinance prevented PPLC from using its infrastructure to transport oil from Montreal to South Portland via underground pipelines. PPLC appealed the district court's dismissal of its claims, arguing that the ordinance was preempted by Maine's Coastal Conveyance Act and was in conflict with federal constitutional law. The First Circuit declined to address the federal questions, concluding that the case lacked controlling precedent and presented difficult legal issues that warranted certification to the Law Court. View "Portland Pipe Line Corp. v. City of South Portland" on Justia Law

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The First Circuit affirmed the district court's grant of summary judgment for Defendant's and dismissing Plaintiffs' claim that the City of Fitchburg's refusal to exempt four sober houses Plaintiffs operated for recovering addicts from a legal requirement to install sprinklers in the sober houses violated the Americans with Disabilities Act (ADA) and the Fair Housing Act, holding that the district court did not err in concluding that the requested accommodation was not reasonable.Plaintiffs brought this suit under the ADA, 42 U.S.C. 12101-12213, and the Fair Housing Act, 42 U.S.C. 3601-3631, as amended by the Fair Housing Amendments Act (FHAA). The district court dismissed the suit on summary judgment, concluding that Plaintiffs failed to show that an exemption from the sprinkler requirement was either reasonable or necessary to allow recovering addicts to live in and benefit from the sober houses. The First Circuit affirmed, holding that the district court did not err in entering summary judgment on Plaintiffs' ADA and FHAA reasonable accommodation claims. View "Summers v. City of Fitchburg" on Justia Law