Featured Articles

Zoning Board’s Finding that Wind Farm is a Public Utility Upheld by Appellate Court

Patricia E. Salkin
July 28, 2008 10:46

The Beekmantown Zoning Board of Appeals approved an application for a conditional use permit to allow the construction of a wind farm on a 700-acre parcel in an R-2 Residential District.  According the Town’s zoning law, conditional use permits are required for essential services defined in part...

Recent Articles

Wisconsin Appellate Court finds Local Billboard Regulation does not Preempt County from Regulating Billboards

Patricia E. Salkin
March 22, 2012 05:15

The Adams Outdoor Advertising company sought to construct a billboard in the Town of Madison.  Adams obtained permits from the Town and the Wisconsin Department of Transportation, but did not from the County of Dane.  Adams brought this action, seeking declaratory judgment ascertaining whether or...

Indiana Appellate Court Finds Restrictive Covenant in Planned Unit Development does not Amount to a Zoning Ordinance

Patricia E. Salkin
March 21, 2012 05:11

Heide and Wilkerson own residences in the Benjamin Crossing planned unit development and sought to operate child care homes in their respective residences.  The applicable restrictive covenants and local law did not permit such a use in their residences, and thus the landowners filed a complaint...

Arizona Appellate Court Finds Lower Court Lacked Jurisdiction to Hear Appeal on Nonconforming Status of Mobile Homes For Failure to Follow State Administrative Procedure

Patricia E. Salkin
March 21, 2012 02:08

In 1998, new zoning regulations became effective implementing minimum space requirements for mobile home lots; however, these regulations were not immediately enforced.  From 2003-2010, Stagecoach sought and received permits for thirty-four mobile homes that did not meet the space requirements.  In...

6th Circuit Finds Local Ordinance Prohibiting Advertising Benches Constitutional

Patricia E. Salkin
March 19, 2012 05:13

The plaintiff, Bench Billboard Company (“BBC”), has a business running advertising benches throughout Kentucky.  The defendant city of Covington enacted an ordinance prohibiting advertising benches on the public right of way.  BBC failed to remove their benches to comply with the ordinance and,...

Fed. Dist. Court in Texas Dismisses Due Process and Takings Claims Following Denial of Rezoning

Patricia E. Salkin
March 18, 2012 04:19

The plaintiffs purchased five lots in the Beverly Hills subdivision of San Antonio, Texas, with the intent to develop high-end homes.  After the housing crises, the plaintiffs reevaluated their plans, and as a result sought a rezone of their lots.  The plaintiffs’ application was denied. ...

Florida Appeals Court Holds That Board Member is Entitled to Challenge Action Taken on Matter After She Had Voted and Left the Meeting

Patricia E. Salkin
March 17, 2012 05:52

Ms. Brodeur, an elected member of the Miami-Dade County Community Zoning and Appeals Board (hereinafter “CZAB”) appeals a decision of the Miami-Dade County Circuit Court dismissing her complaint.   Miami-Dade County and a local developer (hereinafter “appellees”) filed an application for approval...

Fed. Dist. Court in Michigan Finds Bar’s First Amendment Claim Moot and Takings Claim Not Ripe

Patricia E. Salkin
March 16, 2012 05:20

Plaintiff, “Tini Bikini’s” (hereinafter “bar”), filed this suit against Saginaw Charter Township, following the denial of the bar’s liquor license application.  Saginaw denied the liquor license as the local code does not permit the operation of adult oriented business within one...

Fed. Dist. Court in New Hampshire Finds Granting of Rehearing on Wireless Communications Tower Application May have Created Unreasonable Delay Under the Telecommunications Act of 1996

Patricia E. Salkin
March 15, 2012 05:14

Cingular attempted to build a wireless communications tower in the Town of Stoddard.  The FCC’s “shot clock ruling” requires, pursuant to the “reasonable period of time” requirement found in the Act, that the application be resolved within a 150 days of submission.  This requirement can be extended...

Fed. Dist. of Connecticut Finds no RLUIPA Violations in Denial of Certificate of Appropriateness in Historic District

Patricia E. Salkin
March 14, 2012 05:06

Chabad Lubavitch of Litchfield County sought declaratory relief and damages as a result of alleged discriminatory behavior perpetrated by the Borough of Litchfield, the Historic District Commission of the Borough, and individual members of the Commission.  The Borough defendants sought summary...