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This submit was authored by Matthew Loescher, Esq.
On this case, plaintiff George Sheetz challenged the $23,420 site visitors impression mitigation price (“TIM price”) imposed by the defendant El Dorado County as a situation of issuing him a constructing allow for the development of a single-family residence on his property in Placerville. Sheetz appealed from the judgment entered after the trial court docket sustained the County’s demurrer with out depart to amend and denied his verified petition for writ of mandate. On attraction, Sheetz contended for reversal was required as a result of the TIM price was invalid beneath each…
This publish was authored by Matthew Loescher, Esq.
Electors filed a grievance for injunctive reduction in opposition to group organizations and numerous county officers difficult the validity of group organizations’ referendum petition, which sought to incorporate poll query as as to whether a portion of land ought to have been rezoned for the aim of creating a medical marijuana cultivation facility , as permitted by the county board of supervisors. Following a bench trial and supplemental movement for abstract judgment, the Superior Courtroom, Graham County, denied electors’ request for injunctive reduction.
On attraction, Jones first argued the trial courtroom dominated…
This post was authored by Amy Lavine, Esq.
in Lepper v. Scordinothe Second Circuit Court of Appeals affirmed the dismissal of selective enforcement and class-of-one equal protection claims involving a treehouse that was built without a permit.
The court first explained that on a selective enforcement claim, a plaintiff must show that “(1) the person, compared with others similarly situated, was selectively treated, and (2) the selective treatment was motivated by an intention to discriminate on the basis of impermissible considerations, such as race or religion, to punish or inhibit the exercise of constitutional rights, or by a malicious or…
This post was authored by Tyler Doan, Esq.
Cook Communities (Cook) bought roughly 32.6 acres of land in Hall County to build approximately 200 attached townhomes. At the time of purchase, the land was zoned for agricultural housing. Cook sought to have the zoning map changed and the property rezoned as planned residential development. Cook argued that a denial of its request would be “an unconstitutional restriction on the use of the property” and “abolish or damage [its] property rights” without fair and just compensation in violation of both state and federal constitutions. In January of 2022 the local planning…
This post was authored by Sebastian Perez, JD
The question before the Court of Appeals of Georgia (the “Court”) was at what point a landowner had vested rights in real property where Plaintiff purchased the subject property (the “Property”) to develop 9,000 square foot lots when the county’s zoning code (the “Code”) allowed for such density at the time but was later amended to require larger sizes. After the county, where the Property was located, passed, and extended a moratorium on processing land disturbance permits, the Plaintiff’s application to develop the Property was returned due to the moratorium. Plaintiff sought…
This post was authored by Tyler Doan, Esq.
Respondent submitted a major site plan application to the City of Buffalo Planning Board seeking approval of the construction of four apartment buildings. On November 8, 2021, the Planning Board issued a negative declaration pursuant to the State Environmental Quality Review Act and a waterfront consistency review finding that the project was consistent with the City of Buffalo’s Local Waterfront Revitalization Program. On January 10, 2022, the Planning Board voted to approve the site plan with conditions. On March 6, 2022 Petitioners commenced an Article 78 proceeding seeking to annul the waterfront…
This post was authored by Tyler Doan, Esq.
The petitioner initially contested the grant of an exception to the local zoning ordinance to allow a converted church in a single-family residence area to be used as “small gathering space” for community events such as bridal and baby showers and class reunions. After a public hearing, the Board of Adjustments granted the exception.
The Petitioner then filed a petition for writ of certiorari challenging the board’s decision. The district court concluded the board “did not act illegally in granting the exception.” The Petitioner then appealed to the present court arguing a…
