Justia Zoning, Planning & Land Use Opinion Summaries

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In October 2018, Warren G. Treme, a member of AJSJS Development, LLC, leased minerals on a tract of land in St. John the Baptist Parish, Louisiana, from Dr. Christy Montegut and his siblings. AJSJS intended to join a joint venture formed in 2010 between Treme, AIMS Group, Inc., and Fred Kinsley. The joint venture aimed to extract and process clay material from the tract for a U.S. Army Corps of Engineers project. However, to conduct mining and excavation activities, the plaintiffs needed to change the zoning classification of the tract. Despite multiple applications for rezoning, the Parish Council denied the applications after hearing complaints from affected residents. The plaintiffs then sued the Parish and the Council, alleging that the denial of the rezoning application constituted a regulatory taking without compensation in violation of the United States and Louisiana Constitutions. The plaintiffs also alleged violations of procedural and substantive due process and equal protection rights under the Fourteenth Amendment.The United States Court of Appeals for the Fifth Circuit held that the plaintiffs lacked standing to bring a takings claim because their mineral lease was not yet in effect, meaning they had no vested property interest in the tract. The court interpreted the lease to have a suspensive condition that required the plaintiffs to obtain governmental approvals for the lease to become effective. As the plaintiffs had not obtained these approvals, the lease had not yet come into effect. Consequently, the court affirmed the district court’s decision but modified the judgment to be a dismissal without prejudice. View "Treme v. St. John the Baptist" on Justia Law

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The United States Court of Appeals for the Second Circuit affirmed the United States District Court for the Southern District of New York's dismissal of a lawsuit brought by BMG Monroe I, LLC. BMG, a developer, had sued the Village of Monroe, New York, alleging that the Village's denial of its applications for building permits on five lots violated the Fair Housing Act and the Equal Protection Clause due to a discriminatory animus towards the Hasidic Jewish community. The Village denied the applications due to non-compliance with the architectural criteria established in the Smith Farm Project's approval conditions. The Court of Appeals agreed with the district court that the claims were unripe because BMG had not exhausted its administrative remedies. In order to satisfy the finality requirement under ripeness doctrine, BMG needed to appeal the adverse planning-board decision to a zoning board of appeals and submit at least one meaningful application for a variance. BMG could not claim that further actions were futile based on the Village's indication that it would likely not be receptive to a variance request that had yet to be made. View "BMG Monroe I, LLC v. Village of Monroe" on Justia Law

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In the case before the United States Court of Appeals for the Eighth Circuit, One Love Housing, LLC, a company that operates a residential sober living home in Anoka, Minnesota, sued the City of Anoka for refusing to grant a waiver from the city's zoning regulations. The regulations permit only a single family or a group of not more than four unrelated persons to reside together in the area where the sober home is located. One Love wanted to accommodate seven unrelated recovering addicts in the home. One Love and two residents of the home alleged that the city violated the Americans with Disabilities Act and the Fair Housing Act by refusing to grant this waiver.The district court granted One Love summary judgment on its claim that the city failed to reasonably accommodate the sober home's request. The court ordered the city to grant the waiver for One Love to house seven unrelated individuals recovering from substance abuse. The city appealed this decision.The United States Court of Appeals for the Eighth Circuit reversed the district court's decision and remanded the case for further proceedings. The appellate court held that the district court erred by considering evidence that was not presented to the city council when it denied One Love's request for a waiver. The appellate court also found that the district court erred in granting summary judgment to One Love because there was a genuine dispute over whether the requested accommodation was reasonable and necessary. The court stated that the financial viability of One Love's sober home is relevant only if One Love can prove that the service it offers provides a therapeutic benefit that is necessary for people recovering from alcohol or drug abuse to successfully live in a residential neighborhood without relapsing. The court concluded that there are genuine issues of disputed fact on these issues. The court also declined to rule on One Love's disparate treatment and disparate impact claims, leaving those for the district court to address on remand. View "One Love Housing, LLC v. City of Anoka, MN" on Justia Law

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In the case involving Katherine Blumenkron, David Blumenkron, and Springville Investors, LLC, versus Multnomah County, the Metro Regional Government, and members of the Oregon Land Conservation and Development Commission, the plaintiffs challenged the designation of their land in Multnomah County, Oregon, as "rural reserves" under the Oregon Land Reserves Statute. They claimed that the statute and regulations facially violate the Equal Protection and Due Process Clauses of the federal constitution, and that the defendants’ rural reserve designations violated their federal procedural due process, substantive due process, and equal protection rights. The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s dismissal of plaintiffs’ facial and as-applied constitutional challenges to the designation, concluding that the requirements for Burford abstention (a doctrine that allows federal courts to refrain from deciding a case in deference to state courts) were met for each of the as-applied claims. The court also held that the district court did not abuse its discretion by abstaining from exercising jurisdiction over the claims in their entirety, including plaintiffs’ claims for damages. The court concluded that plaintiffs had abandoned their facial constitutional claims on appeal and therefore affirmed the district court’s dismissal of these claims for failure to state a claim as a matter of law. View "BLUMENKRON V. MULTNOMAH COUNTY" on Justia Law

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This case involves a dispute between a group of plaintiffs (Jason and Elizabeth Riddick, and Renee Sperling) and the City of Malibu, the Malibu City Council, and the Malibu Planning Department (collectively referred to as the City). The plaintiffs sought to add an accessory dwelling unit (ADU) to their residence but their permit application was denied by the City. The plaintiffs petitioned the trial court for relief and obtained an order directing the City to process the proposed ADU as exempt from coastal development permit (CDP) requirements. The City appealed this decision, arguing that the trial court misinterpreted the City ordinance governing exemptions from the state’s CDP requirement. The plaintiffs cross-appealed, arguing that they established a right to a permit under state ADU standards as a matter of law, and therefore the court should have ordered the permit to be issued immediately.The Court of Appeal of the State of California Second Appellate District Division Five held that the City's interpretation of the ordinance was not entitled to deference. The court interpreted the ordinance's language to include ADUs directly attached to existing residences in the class of improvements exempt from the CDP requirement. As such, the court affirmed the trial court's decision requiring the City to process the plaintiffs' permit application under state ADU standards. The court also affirmed the trial court's rejection of the plaintiffs' argument that they were automatically entitled to a permit. View "Riddick v City of Malibu" on Justia Law

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The case revolves around two developers, SAS Associates 1, LLC and Military 1121, LLC, who filed a complaint against the City Council of Chesapeake, Virginia, alleging that their equal protection rights were violated when their rezoning applications were denied by the council. The developers owned several parcels of land in Chesapeake and sought to combine them to create a 90-acre development involving housing units, commercial space, and a conservation district. Their plans required rezoning, which was denied by the Council citing community opposition and the ability to develop under existing zoning classifications. The developers filed a complaint alleging that their application was denied even though similar applications from other developers were approved, and the council's reasons for denial were irrational and arbitrary.The United States Court of Appeals for the Fourth Circuit upheld the district court’s decision to dismiss the developers' claim. The Court of Appeals found that the developers failed to demonstrate that they were treated differently from others who were similarly situated and that the unequal treatment was the result of discriminatory animus. Furthermore, the court highlighted that zoning decisions are primarily the responsibility of local governments and that the Developers did not provide any valid comparators to support their claim of discriminatory treatment. The court noted the lack of any evidence to infer discriminatory intent on the part of the City Council members and ruled that the Developers' disagreement with the Council's decision does not render the Council's judgment call pretextual. The court affirmed the judgment of the district court dismissing the complaint. View "SAS Associates v. City Council of Chesapeake" on Justia Law

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In 1999, Bernard Stockwell had his agriculturally zoned property in McCook County, South Dakota, replatted into five individual lots. In 2022, he sought an opinion from the McCook County Zoning Administrator on the number of building eligibilities for his lots. The Zoning Administrator determined that all five lots shared one building eligibility, based on her interpretation of the 2014 McCook County Zoning Ordinance. Stockwell appealed this decision to the McCook County Board of Adjustment (BOA), arguing each lot should have its own building eligibility. The BOA sided with the Zoning Administrator.Stockwell then petitioned the Circuit Court for a writ of certiorari and sought declaratory relief. The County sought summary judgment, which the Circuit Court granted. Stockwell appealed to the Supreme Court of South Dakota.The Supreme Court reversed the Circuit Court’s decision. The Court held that the 2014 zoning ordinance unambiguously refers to its own effective date, and the Circuit Court erred by not applying this definition, despite recognizing that Stockwell’s lots meet this definition. The Court also noted that if the County wishes to change the definition, it is up to the County’s legislative body, not the courts, to do so. View "Stockwell V. Mccook County Board Of Commissioners" on Justia Law

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In the case of Planning and Conservation League et al., v. Department of Water Resources heard in the California Court of Appeal, Third Appellate District, the court considered whether the Department of Water Resources’ (department) approval of amendments to long-term contracts with local government agencies that receive water through the State Water Project violated various laws. The amendments extended the contracts to 2085 and expanded the facilities listed as eligible for revenue bond financing. Several conservation groups and public agencies challenged the amendments, arguing they violated the California Environmental Quality Act (CEQA), the Sacramento-San Joaquin Delta Reform Act (Delta Reform Act), and the public trust doctrine. However, the court held that the department did not violate CEQA, the Delta Reform Act, or the public trust doctrine, and therefore affirmed the trial court's judgment in favor of the department. The court found that the department used the correct baseline for its environmental impact report (EIR), properly segmented the amendments from related projects, and adequately considered the direct, indirect, and cumulative impacts of the amendments. The court also held that the department adequately described the project and considered a reasonable range of alternatives, and that recirculation of the EIR was not required. The court rejected arguments that the amendments violated the Delta Reform Act or the public trust doctrine, finding that they did not impact "water that is imbued with the public trust." The court concluded that the department acted within its authority in approving and executing the amendments. View "Planning and Conservation League v. Dept. of Water Resources" on Justia Law

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In the case before the Supreme Court of the State of South Dakota, Love’s Travel Stops & Country Stores and One Shot, LLC, filed a petition against the City of Wall, South Dakota, City Council, and Planning and Zoning Commission for the City. Love’s, a corporation that operates 24-hour truck stops, entered into an agreement to purchase a 13-acre parcel of land from One Shot, contingent on obtaining the necessary zoning and permitting approvals from the city. After the City Council denied Love's rezoning and building permit applications, Love’s filed a petition for writ of mandamus, writ of certiorari, and request for declaratory relief with the circuit court. The circuit court granted Love's petition in part, declaring that the City’s Zoning Ordinance did not apply to the property and required the City to reconsider Love's application for a building permit. The City Council reconsidered and again denied Love's building permit application. Love’s then filed a motion for order to show cause requesting the circuit court to find the City in contempt of the court’s order and sought issuance of a building permit. The circuit court found the City in contempt and ordered the City to issue Love's a building permit. The City appealed.The South Dakota Supreme Court reversed the circuit court's decision. The Supreme Court found that the circuit court order was clearly erroneous in finding that the City willfully and contumaciously violated the court’s order to reconsider and vote on Love's requested building permit. The Supreme Court also noted that the circuit court’s remedy for its finding of contempt was inconsistent with the purpose of civil contempt and exceeded its authority by imposing a punitive, rather than coercive civil contempt remedy. The court's order to issue a building permit was punitive and denied the City the opportunity to purge itself of contempt and come into compliance with the original court order. Therefore, the Supreme Court reversed the circuit court’s finding of contempt and the order issuing a building permit to Love's. View "Love’s Travel Stops V. City Of Wall" on Justia Law

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In the case before the United States Court of Appeals for the Second Circuit, Ateres Bais Yaakov Academy of Rockland (ABY) sued the Town of Clarkstown, George Hoehmann, CUPON Inc., and Citizens United to Protect Our Neighborhoods of Greater Nanuet Inc. ABY, a religious educational institution, planned to purchase property in Clarkstown, New York, to establish an Orthodox Jewish school. It alleged that the Defendants manipulated an ostensibly neutral building permit application and zoning appeals process to block this construction. The district court dismissed the complaint for lack of subject matter jurisdiction, concluding that ABY's religious discrimination and civil rights claims were not ripe as it had not received a final decision from the town’s Zoning Board of Appeals (ZBA) and that the lost-contract injury underpinning ABY’s tortious interference claim was not traceable to the Town Defendants.In this appeal, the Second Circuit disagreed with the district court. The Second Circuit found that the ZBA's refusal to adjudicate ABY's appeal of its permit application constituted a final decision for ripeness purposes. The court also determined that ABY had plausibly alleged a causal connection between the Town Defendants’ actions and the injuries resulting from ABY's lost contract with Grace Church. Therefore, the Second Circuit reversed the district court's judgment and remanded the case for further proceedings. View "Ateres Bais Yaakov Academy of Rockland v. Town of Clarkstoawn" on Justia Law