Justia Zoning, Planning & Land Use Opinion Summaries

Target appealed the superior court's ruling that invalidates a number of exceptions to a specific governing development in Hollywood and halts construction of a Target store. Target concurrently asked the Los Angeles City Council to amend the plan, which would make the invalidated exceptions unnecessary. The court concluded that the appeals and cross-appeal in this matter are dismissed as moot because the plan amendments have now been finally approved. View "La Mirada Ave. Neighborhood Ass'n v. City of Los Angeles" on Justia Law

This dispute concerned a 1.66-acre strip of Defendants’ land that the City of Perris condemned in order to build a road. The City offered to pay Defendants the agricultural value of the strip, relying on City of Porterville v. Young. The trial court agreed with the City, concluding that Porterville applied in this case and that Defendants were entitled to a stipulated agricultural value of $44,000 for the taking. In so deciding, the trial judge concluded that the City’s dedication requirement was lawful under Nollan v. California Coastal Commission and Dolan v. City of Tigard. The Court of Appeal remanded the case to revisit the legality of the dedication requirement, concluding that the lawfulness of the dedication and requirement under Nollan and Dolan should have been decided by a jury, not a judge. The Supreme Court reversed, holding (1) the constitutionality of a dedication requirement under Nollan and Dolan is a question for a court, rather than a jury; and (2) the project effect rule generally applies, and the Porterville doctrine does not apply, to situations when it is probable at the time a dedication requirement is put in place that the property designated for public use will be included in the project for which the condemnation is sought. Remanded. View "City of Perris v. Stamper" on Justia Law

This case came before the Vermont Supreme Court following the Environmental Division's decision on remand that a rock-crushing operation by North East Materials Group, LLC, (NEMG) was exempt from Act 250 as a preexisting development. The Environmental Division reached the same conclusion in its first decision, but the Supreme Court reversed and remanded, holding that the court used the wrong legal standard in deciding that the rock-crushing operation did not constitute a cognizable physical change to the preexisting development and that one of the main factual findings in support of the decision was clearly erroneous. Appellants, a group on thirteen neighbors to the operation, appealed, arguing that the Environmental Division erred in applying the Supreme Court's instructions on remand. After review a second time, the Supreme Court concluded that, even assuming that crushing operations were part of the preexisting quarrying development, findings on the location and volume of the crushing operations were too limited to support a conclusion that the present operations did not constitute a cognizable change to the existing development. Accordingly, the Court reversed and remanded for further proceedings. View "In re North East Materials Group LLC Act 250 JO #5-21" on Justia Law

The issue this case presented for the Supreme Court's review centered on a decision of the environmental division of the superior court affirming several permits issued to appellee Costco Wholesale Corporation for the expansion of its existing retail store and the addition of an adjacent six-pump gasoline station in the Town of Colchester. Appellants R.L. Vallee, Inc. and Timberlake Associates LLP owned retail gasoline-service facilities located near the planned development. Appellant Vallee argued the trial court erred in: (1) determining that Costco’s proposed traffic-mitigation measures were sufficient for issuance of an Act 250 permit; (2) making findings concerning the impact of an underground stormwater outlet pipe, and with respect to which the court limited cross examination by Vallee’s counsel; (3) concluding that the project would not adversely affect a Class 2 wetland for issuance of an individual wetland permit; and (4) excluding testimony and a related exhibit prepared by appellant Vallee’s wetland consultant. Appellant Timberlake argued that the trial court erred in relying on a presumption with respect to the project’s impact on water pollution and waste disposal under Act 250. The Supreme Court found no error in the environmental division's order and affirmed it. View "In re Costco Stormwater Dishcharge Permit" on Justia Law

Pike County's Sny Island Levee Drainage District was organized in 1880 to protect from Mississippi River flooding and runoff. The Kansas City Southern and the Norfolk Southern operate main line railways over the District's flood plain. Illinois law permits the District to assess properties within its territory in order to maintain the levees. A new method, ​adopted in 2009, purported to calculate assessments based on the benefits the District conferred on each property, rather than based on acreage. After the Seventh Circuit enjoined use of the methodology, the District discontinued collecting annual assessments and implemented a one-time additional assessment, 70 ILCS 605/5. The District filed an assessment roll based on new benefit calculations, identifying the tax on KC as $91,084.59 and on Norfolk as $102,976.18, if paid in one installment..The Railroads again filed suit, alleging that the District used a formula that discriminated against them in violation of the Railroad Revitalization and Regulatory Reform Act, 49 U.S.C. 11501. The Seventh Circuit affirmed judgment in favor of the District. The court rejected an argument that the comparison class against which their assessment should be measured is all other District properties, instead of the narrower class of commercial and industrial properties used by the district court. There was no clear error in the court’s assessment of a “battle of the experts.” View "Kansas City S. Ry. v. Sny Island Levee Drainage Dist" on Justia Law

Plaintiff-landowner Donald Gould appealed three superior court rulings pertaining to the Town of Monkton’s new zoning regulations. Landowner alleged that the new zoning regulations under a "UPD" or "Unified Planning Document" interfered with his long-held development plans and reduced the potential economic return on his property in Monkton. On appeal of the superior court's rulings, plaintiff argued that the trial court erred by finding: (1) that it had no jurisdiction to hear a declaratory judgment action seeking to invalidate the new zoning regulations; (2) that landowner had no due process interest in the process by which zoning regulations were adopted; and (3) that landowner had no due process property interest in the application of the previous zoning regulations. Finding no reversible error, the Vermont Supreme Court affirmed. View "Gould v. Town of Monkton" on Justia Law

This litigation involves two parallel fire roads, an older one and its newer replacement. On appeal, defendants challenged the trial court's judgment declaring a public trail easement was established by public dedication through defendants’ property for hiking, jogging, and dog-walking. The court concluded that no substantial evidence supports the trial court’s finding that the public acquired an easement through defendants’ property by implied dedication as provided for under Gion v. City of Santa Cruz. Accordingly, the court reversed the judgment and subsequent award of attorney fees to plaintiffs. View "Friends of the Hastain Trail v. Coldwater" on Justia Law

Zia Shadows, LLC operated a mobile-home park in Las Cruces, New Mexico, under a special-use permit from the City. In late 2000, a dispute over water-rights fees arose between Zia Shadows and the City, and principal Alex Garth protested these fees and lodged written and oral complaints with the City Council. This appeal arose out of that zoning dispute. Zia Shadows and its principals, Alex and William Garth (collectively, Zia Shadows), filed suit in federal district court, alleging the City’s delays in approval of a zoning request (and the conditions ultimately attached to the approval) violated Zia Shadows’ rights to due process and equal protection. Zia Shadows also alleged the City’s actions were taken in retaliation for Zia Shadows’ public criticisms of the City. The district court granted summary judgment to the City on Zia Shadows’ due-process and equal-protection claims, and a jury found in favor of the City on Zia Shadows’ First Amendment retaliation claim. Zia Shadows argued on appeal to the Tenth Circuit: (1) that the district court erred in granting summary judgment; (2) the district court abused its discretion both in its instruction of the jury and its refusal to strike a juror; and (3) the jury’s verdict was against the clear weight of the evidence. After review, the Tenth Circuit affirmed the district court’s judgment, concluding Zia Shadows failed to establish the requisite elements of its due-process and equal-protection claims and did not demonstrate reversible error in either the proceedings or verdict at trial. View "Zia Shadows, LLC v. City of Las Cruces" on Justia Law

Dynamic Development, LLC (Dynamic) sought to build a new retail store (Project) in Joshua Tree. Residents of Joshua Tree opposed the Project, arguing that it would have clashed with the town's artistic, independent, and rural character; they also argued that it would cause various adverse environmental impacts, including urban decay. Nevertheless, the County of San Bernardino (County) found that an environmental impact report (EIR) was not required and approved the Project. The Joshua Tree Downtown Business Alliance (Alliance) then filed this mandate proceeding challenging the County's approval of the Project. After review, the Court of Appeal concluded that the Alliance failed to establish any grounds for a writ of mandate, and reversed the trial court's conclusion that there was evidence to support the Alliance's contention that the Project would cause urban decay (thereby setting aside approval of the Project). View "Joshua Tree Downtown Bus. Alliance v. Co. of San Bernardino" on Justia Law

Selma filed a writ of mandate challenging LAFCo’s approval of an annexation. At issue is when a local agency formation commission sets a public hearing on a reorganization proposal and thereafter continues the hearing date beyond the 70-day limitation for continuances under Government Code section 56666, subdivision (a), is the approval of the reorganization proposal by the commission void because it violated a mandatory provision? The court concluded that the 70-day limitation is a directory rather than a mandatory provision. Therefore, the court held that the violation of the 70-day limitation in this case did not affect the validity of the commission’s actions taken at the continued hearing. The court affirmed the judgment. View "City of Selma v. Fresno Cnty. Local etc." on Justia Law