Justia Zoning, Planning & Land Use Opinion Summaries

Shawn Valentine sought a writ of mandamus to compel the Lucas County Board of Elections to place a zoning referendum on the November 5, 2024, general-election ballot. The referendum concerned a zoning amendment approved by the Spencer Township Board of Trustees, which rezoned a portion of property owned by Jeff Davis Properties, L.L.C. Valentine and others circulated a petition for the referendum but included a map that outlined the area originally requested for rezoning, not the smaller area actually rezoned by the trustees.The Lucas County Board of Elections reviewed the petition and found it contained the required number of valid signatures. However, Jeff Davis Properties filed a protest, arguing that the map included with the petition was not appropriate. The Board of Elections held a hearing and sustained the protest, deciding that the map did not comply with the requirements of R.C. 519.12(H), which mandates that a referendum petition be accompanied by an appropriate map of the area affected by the zoning proposal.The Supreme Court of Ohio reviewed the case and determined that the map submitted with the petition was misleading because it did not accurately reflect the area affected by the zoning resolution. The court found no evidence that the map was approved by the board of township trustees as reflecting the zoning amendment. Consequently, the court held that the Board of Elections did not abuse its discretion or act in clear disregard of applicable legal provisions when it sustained the protest and refused to place the referendum on the ballot. The writ of mandamus was denied, along with Valentine’s requests for costs and attorney fees. View "State ex rel. Valentine v. Schoen" on Justia Law

The case involves Montanans Against Irresponsible Densification, LLC (MAID), which challenged two laws passed by the 2023 Montana Legislature aimed at addressing affordable housing. Senate Bill 323 (SB 323) mandates that duplex housing be allowed in cities with at least 5,000 residents where single-family residences are permitted. Senate Bill 528 (SB 528) requires municipalities to allow at least one accessory dwelling unit on lots with single-family dwellings. MAID, consisting of homeowners from various cities, argued that these laws would negatively impact their property values and quality of life, and filed for declaratory and injunctive relief.The Eighteenth Judicial District Court in Gallatin County granted MAID a preliminary injunction, temporarily halting the implementation of the laws. The court found that MAID had standing and had demonstrated the likelihood of irreparable harm, success on the merits, and that the balance of equities and public interest favored the injunction. The court cited concerns about potential impacts on property values and neighborhood character, as well as constitutional issues related to public participation and equal protection.The Supreme Court of the State of Montana reviewed the case and reversed the District Court's decision. The Supreme Court found that MAID did not meet the burden of demonstrating all four factors required for a preliminary injunction. Specifically, the court held that MAID's evidence of potential harm was speculative and did not show a likelihood of irreparable injury. The court also noted that the balance of equities and public interest did not favor the injunction, given the legislative intent to address the housing crisis. The Supreme Court remanded the case for further proceedings. View "Montanans Against Irresponsible Densification, LLC, v. State" on Justia Law

Alison Arter purchased land from Stephen and Sharon Burt in Orange County, which included a home and a horse farm. The Burts retained ownership of an adjacent property. In 2020, a developer sought to subdivide the Burts' property to build homes, planning a road along the property line next to Arter's land. Arter argued that a thirty-foot buffer was required between the road and her property based on the zoning ordinances. The Orange County Planning & Inspections Department disagreed, stating no buffer was needed as both properties were zoned "R-1" residential.Arter appealed to the Orange County Board of Adjustment, which upheld the department's decision. She then sought judicial review in Superior Court, which also affirmed the decision. Arter appealed to the Court of Appeals, where a divided panel ruled. The majority held that the zoning ordinances required buffers only between different zoning districts, not within the same district, thus affirming the lower court's decision. The dissent argued that the accompanying table suggested buffers were required based on land use, necessitating further fact-finding.The Supreme Court of North Carolina reviewed the case. The Court held that the text of the zoning ordinance, which required buffers based on zoning districts, controlled over any conflicting information in the accompanying table. Since both properties were zoned "R-1," no buffer was required. The Court affirmed the decision of the Court of Appeals, agreeing that the zoning ordinances were unambiguous and did not mandate a buffer between the properties. View "Arter v. Orange County" on Justia Law

In 2002, a 208-acre estate in Jessamine County was divided into four parcels. In 2004, the owner of Parcel 2 planned residential development, including a bridge and road extension, which was approved by the Nicholasville Planning Commission (NPC). By 2017, LPW Redevelopment, LLC owned Parcels 2 and 3, sought a zone change, and submitted a development plan, which was approved. Boone Development, LLC purchased Parcel 3 in 2018 and began construction. The NPC required Boone to include the bridge and road extension in a letter of credit, which Boone disputed, leading to this litigation.The Jessamine Circuit Court ruled in favor of Boone, stating the NPC had not made a decision, necessitating a declaratory action. The NPC then issued a Notice of Decision affirming its requirements, which the Board of Adjustment upheld. Boone appealed, and the Jessamine Circuit Court affirmed the Board’s decision, finding the Board’s actions were within its legislative powers, provided due process, and were supported by substantial evidence.The Supreme Court of Kentucky reviewed the case, focusing on the constitutionality of the appeal bond requirement in KRS 100.3471. The Court found the statute unconstitutional, referencing its decision in Bluegrass Trust v. Lexington-Fayette Urban County Government. The Court also addressed the merits of the case, affirming the Jessamine Circuit Court’s decision that Boone was responsible for the bridge and road extension as per the development plan. The Court found no procedural due process violations and determined the Board’s decision was not arbitrary or unreasonable. The Court of Appeals’ dismissal for lack of jurisdiction was reversed, and the Jessamine Circuit Court’s judgment was affirmed. View "RAZ, INC. V. MERCER COUNTY FISCAL COURT" on Justia Law

The case involves the Commonwealth Building, located in the South Hill Historic District in Lexington, Kentucky. Built in the late 1950s, the building was purchased by The Residences at South Hill, LLC in 2017. The Residences sought approval from the Board of Architectural Review (BOAR) to demolish the building and construct a five-story apartment complex. The BOAR approved the demolition, leading to several appeals. The Historic South Hill Neighborhood Association (HSHNA) and Bluegrass Trust for Historic Preservation (Bluegrass Trust) were among the appellants, with Bluegrass Trust arguing that the building contributed to the historic character of the district and could provide economic return if renovated.The Fayette Circuit Court reviewed the case and concluded that the Planning Commission's decision to uphold the BOAR's approval was supported by substantial evidence. The court noted that the Planning Commission had considered various testimonies and evidence, including expert opinions, and found that the Commonwealth Building did not contribute to the historic character of the district. Bluegrass Trust appealed to the Kentucky Court of Appeals but did not post the required appeal bond, arguing financial incapacity. The Court of Appeals dismissed the appeal for lack of jurisdiction due to the failure to post the bond and stated in dictum that it would have affirmed the trial court's decision.The Supreme Court of Kentucky reviewed the case and held that Kentucky Revised Statute (KRS) 100.3471, which mandates an appeal bond in zoning and land use disputes, is unconstitutional. The court found that the statute infringes on the constitutional right of Kentuckians to at least one appeal to the next highest court, as guaranteed by Section 115 of the Kentucky Constitution. Consequently, the court reversed the Court of Appeals' dismissal of the appeal but affirmed the circuit court's decision on the merits, upholding the Planning Commission's approval of the demolition. View "BLUEGRASS TRUST FOR HISTORIC PRESERVATION V. LEXINGTON FAYETTE URBAN COUNTY GOVERNMENT PLANNING COMMISSION" on Justia Law

In 2002, a 208-acre estate in Jessamine County was divided into four parcels. In 2004, the owner of Parcel 2 planned residential development, including a bridge and road extension, which was approved by the Nicholasville Planning Commission (NPC). However, these were not built. LPW Redevelopment, LLC later acquired Parcels 2 and 3, sought a zone change, and submitted a development plan, which included the bridge and road extension. Boone Development, LLC purchased Parcel 3 in 2018 and began construction. The City of Nicholasville then informed Boone it was responsible for the bridge and road extension, which Boone disputed.Boone filed a declaratory action in Jessamine Circuit Court, which ruled in Boone's favor, instructing the NPC to make a decision. The NPC affirmed its letter of credit requirements, including the bridge and road extension. The Board of Adjustment upheld the NPC's decision. Boone appealed, and the Jessamine Circuit Court affirmed the Board's decision, finding the Board's actions were within its legislative powers, provided procedural due process, and were supported by substantial evidence.The Supreme Court of Kentucky reviewed the case, focusing on the constitutionality of the appeal bond requirement in KRS 100.3471. The Court held that the statute imposed an unconstitutional burden on the right to appeal, referencing its contemporaneous decision in Bluegrass Trust v. Lexington-Fayette Urban County Government. The Court reversed the Court of Appeals' dismissal of Boone's appeal for lack of jurisdiction due to the bond issue. On the merits, the Supreme Court affirmed the Jessamine Circuit Court's decision, finding the NPC's requirements for the bridge and road extension were not clearly unreasonable. View "BOONE DEVELOPMENT, LLC V. NICHOLASVILLE BOARD OF ADJUSTMENT" on Justia Law

Geoffrey S. Stiff and Carolyn B. Stiff own a lot on Long Pond in Belgrade, Maine. Their neighbors, Stephen C. Jones and Jody C. Jones, own an adjacent 1.23-acre lot within the limited residential district of the Belgrade shoreland zone. The Joneses' lot is legally non-conforming and already contains a non-conforming house and a shed. In 2017, the Joneses sought a permit to build a garage with a laundry room and playroom. However, they constructed a two-story structure with three bedrooms, two bathrooms, a laundry room, and a playroom with kitchen appliances, which was not in accordance with the permit.The Stiffs objected to the new structure, leading the Joneses to apply for an after-the-fact permit from the Town of Belgrade Planning Board. The Planning Board approved the permit with the condition that kitchen appliances be removed. The Stiffs appealed to the Board of Appeals (BOA), which remanded the matter due to a lack of findings of fact or conclusions of law. On remand, the Planning Board again approved the permit, finding the new structure to be an accessory structure. The Stiffs appealed to the BOA again, and after the BOA denied their appeal, they filed a complaint in the Superior Court, which also denied their appeal.The Maine Supreme Judicial Court reviewed the case and found that the Planning Board had misconstrued the Belgrade Shoreland Zoning Ordinance (SZO). The court held that the new structure was not an accessory structure as defined by the SZO because it was not incidental and subordinate to the existing house. The court vacated the judgment and remanded the case to the Superior Court with instructions to remand to the BOA, which would then remand to the Planning Board for further proceedings consistent with the opinion. View "Stiff v. Town of Belgrade" on Justia Law

The case involves the Westside Los Angeles Neighbors Network (appellant) challenging actions taken by the Los Angeles City Planning Commission (CPC) in March 2018 to implement parts of the Westside Mobility Plan. This plan aims to address congestion and mobility issues in the western part of Los Angeles. The appellant argued that the CPC’s actions did not comply with the California Environmental Quality Act (CEQA) and sought to invalidate them.The Los Angeles County Superior Court reviewed the case and rejected most of the appellant’s contentions, denying the petition. The court found that the CPC was a decision-making body authorized to certify the Environmental Impact Report (EIR) and that substantial evidence supported the City’s determination that the Streetscape Plan was categorically exempt from CEQA. The court also found that the EIR was legally adequate.The California Court of Appeal, Second Appellate District, Division Four, reviewed the case. The court affirmed the lower court’s decision, holding that the CPC was authorized to certify the EIR as it was a decision-making body for the project. The court also found that the Streetscape Plan was categorically exempt from CEQA under Guidelines section 15301, which covers minor alterations to existing public structures. The court concluded that the appellant did not demonstrate that the Streetscape Plan fell within any exceptions to the categorical exemptions. Additionally, the court held that the EIR’s analysis of growth-inducing impacts was adequate and that the City had ensured that mitigation measures would be implemented.The judgment of the Superior Court was affirmed, and the City of Los Angeles was awarded costs on appeal. View "Westside Los Angeles Neighbors Network v. City of Los Angeles" on Justia Law

The case involves the Old Creek Ranch Winery, owned by Holguin Family Ventures, LLC, and leased by OCRW, Inc. The Ventura County Board of Supervisors found that the appellants violated the Ventura County Non-Coastal Zoning Ordinance by expanding the winery and wine-tasting area without a conditional use permit (CUP) and changing the principal use of the ranch from crop production to a wine tasting/event venue. The Board also denied their request for zoning clearance for a paved parking lot and electric vehicle charging stations.The trial court upheld the Board's decision, applying the substantial evidence standard of review. The court found that the appellants had converted the property’s principal use from crop and wine production to a commercial wine bar and event space. The court also denied appellants' motion to amend their complaint to add a new cause of action for declaratory relief and dismissed their remaining cause of action for inverse condemnation.The California Court of Appeal, Second Appellate District, reviewed the case and affirmed the trial court's judgment. The appellate court agreed that the substantial evidence standard was appropriate and found that substantial evidence supported the Board's decision. The court also upheld the trial court's denial of the motion to amend the complaint, concluding that the proposed new cause of action was unnecessary and that the delay in filing the motion was unjustified. Additionally, the court ruled that the Outdoor Events Ordinance did not apply to the winery, as it was separately regulated under the Non-Coastal Zoning Ordinance.The main holding is that the substantial evidence standard of review was correctly applied, and substantial evidence supports the Board's findings of zoning violations and the denial of the zoning clearance for the parking lot and charging stations. The trial court did not abuse its discretion in denying the motion to amend the complaint. The judgment was affirmed. View "Holguin Family Ventures v. County of Ventura" on Justia Law

A group of Bozeman residents challenged a zoning provision within the City’s Unified Development Code (UDC), claiming they were not given sufficient notice regarding the City’s consideration of an amendment. The amendment, part of a general replacement of the UDC adopted in 2018, reclassified Greek housing into a new “group living” category, allowing fraternities and sororities in certain residential zones. The residents, who began experiencing disturbances from a nearby fraternity house in early 2022, filed a complaint against the City in October 2022, asserting that the notice provided for the zoning change was insufficient.The Eighteenth Judicial District Court of Gallatin County granted summary judgment in favor of the residents, declaring the Greek housing reclassification void ab initio due to insufficient notice. The court reasoned that the City’s notice did not adequately inform the public about the specific change and its impact on the community. The court also held that the residents’ claims were not time-barred under § 2-3-114(1), MCA, because the provision was void from the beginning, and thus the statute of limitations did not apply.The Supreme Court of the State of Montana reversed the District Court’s decision. The Supreme Court held that § 2-3-114(1), MCA, which requires challenges to agency decisions to be filed within 30 days of when the person learns or reasonably should have learned of the decision, applied to this case. The Court concluded that the residents’ action was untimely because they filed their complaint more than 30 days after they became aware of the zoning change in April 2022. The Supreme Court remanded the case for entry of judgment in favor of the City. View "Johnson v. City of Bozeman" on Justia Law