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 Sebastian Perez, JD
Plaintiffs William Becker and Darcy Lynch (“Plaintiffs”), acting as co-trustees, filed a property rights lawsuit against the City of Hillsboro, Missouri (the “City”) for inverse condemnation, alleging that the city took private property without providing compensation . Additionally, the plaintiffs claimed that their constitutional rights under 42 USC § 1983 have been violated. Before the United State District Court of Missouri, Eastern Division (the “Court”) was the City’s motion to dismiss.
Plaintiffs were co-trustees of the Antoinette Ogilvy Trust (the “Trust”) that included a piece of real property in Jefferson County, Missouri…
This post was authored by Gabriella Mickel, JD Candidate 2024, Elisabeth Haub School of Law at Pace University.
Defendant-landowner Sisters & Brothers Investment Group, LLP (SBIG) appealed an environmental-division enforcement order that prohibited them from using a property in the City of Burlington as a parking lot, requiring them to address site-improvement deficiencies as per an agreement with the prior owner and the City, and imposing fines of $66,759.22.
SBIG purchased the property, a gas and service station (a preexisting, nonconforming use), in 2004, which had existing violations. An agreement was signed between the prior owner and the City, specifying…
This post originally appeared on the Dalton Tomich blog and is reposted with permission from Dan Dalton, Esq, – https://daltontomich.com/the-importance-of-zoning-notice-requirements-under-michigan-law/
in Montrief v. Macon Township Board of Trustees, the plaintiffs-landowners filed suit against the Township alleging an amended zoning ordinance was invalid and unenforceable based on a failure to comply with certain notice requirements.
Under the Michigan Zoning Enabling Act, an enforcing authority, which in most cases is the local government, must provide notice with respect to certain actions taken in zoning matters. Generally, among the most common actions requiring notice are the following:
Authorities must provide notice for public…
The Role of Electric Vehicles in Michigan
Eric A. Shalloway
In the state of Michigan, gas taxes contribute funds to improve roads and infrastructure, but between 2019-2021 it is estimated that there was a $50 million decrease in revenue due to electric vehicle owners not paying the tax.[1] The Michigan County Road Association explained that approximately 840 miles of roads would not be resurfaced annually, due to the loss of revenue.[2] Motor vehicles[3] have a role in the Michigan economy, and new electric vehicle manufacturing sites are increasing in the state.[4] The gas tax is increasing from 27.2 cents per…
This post was authored by Matthew Loescher, Esq.
In 2018, the City of Puyallup adopted the Puyallup Municipal Ordinance (PMO) 3179, which established a new chapter of the Puyallup Municipal Code—chapter 20.72 (PMC 20.72). This new code chapter restricted the sites of day use centers and overnight shelters serving people experiencing homelessness within the City. The ordinance permitted such centers and shelters only in industrial zones in a small corner of the City that was distant from any services and had almost no access to transit. Siting anywhere else in the City required approval from a majority of Puyallup’s city…
