Zoning Law
 
Rita Sutton & a. v. Town of Gilfrod & a.

The petitioner, Rita Sutton, by and through her son and attorney-in-fact, Glenn Sutton, appeals Superior Court (Smukler, J.) orders: (1) granting respondent Barbara Aichinger’s motion for summary judgment on Sutton’s petition for a writ of mandamus; and (2) denying Sutton’s request for a permanent injunction to prevent construction and development of Aichinger’s non-con

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Mortosports Holdings, LLC v. Town of Tamworth

The intervenors, Amy K. Berrier and other abutters, landowners and residents of Tamworth, appeal the decision of the Superior Court (Houran, J.) that vacated and remanded the Town of Tamworth Planning Board’s decision to deny the application for a special use permit sought by the petitioner, Motorsports Holdings, LLC (Motorsports). We affirm in part, reverse in part and remand.

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Rocky Mountain Rogues, Inc. d/b/a Bull Moose Saloon v. Alpine, Wyoming, et al.

Rocky Mountain Rogues, Inc., doing business as Bull Moose Saloon, and its principals (together, the Bull Moose), brought a 42 U.S.C. § 1983 suit against the Town of Alpine and a number of its officials involved in a dispute over its liquor license and the issuance of a building permit to expand its business. The Bull Moose claimed the Alpine Defendants violated its rights by (1) depriving it of

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Northfork Citizens for Responsible Development v. Board of County Commissioners of Park County

[¶1] Northfork Citizens for Responsible Development, David Jamison, and Robert Hoszwa (collectively Northfork) have appealed the district court’s affirmance of the approval by the Board of County Commissioners of Park County (the Board) of a subdivision proposed by Worthington Group of Wyoming, LLC (Worthington).1 Northfork raises evidentiary and procedural issues. In a cross-appeal, Wor

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Glen J. Matthews v. Michigan Department of Natural Resources

This case arises out of the right of certain landlocked property owners to maintain and use a crude pathway (several hundred wooden pallets laid end-to-end) across a state-owned and regulated wetland. Defendant, Department of Natural Resources (the Department), appeals as of right the trial court’s order entering judgment in favor of plaintiffs, Glen Matthews, Carol Matthews, Kevin Matthews

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Melanie Briner, et al. v. City of Ontario, et al.

The plaintiffs appeal the grant of summary judgment to the defendants in this action for retaliation and related claims arising from the removal of their business from a municipal towing list. For the reasons that follow, we AFFIRM in part, REVERSE in part, and REMAND for further proceedings consistent with this opinion.

BACKGROUND

This case arises out of a series of disputes between

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Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, et al.

In Becker v. Anne Arundel County, 174 Md. App. 114, 145 (2007), this Court addressed the issue of the degree of specificity required for findings by a board of zoning appeals in granting or denying an application for variances to the buffer requirements of the State's critical area law. In this case, we will apply the teachings of Becker and elaborate on some of them.

The Critical Area Comm

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Luciani Realty Partners v. North Haven Academy, L.L.C.

The plaintiff, Luciani Realty Partners, appeals from the summary judgment rendered in favor of two of the defendants in this case, 97 Washington, LLC, and North Haven Academy, LLC, on the first, second, third and eleventh counts of the plaintiff’s amended complaint.1 Specifically, the plaintiff claims that the trial court improperly rendered summary judgment as to the counts of its amended

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Scott Warner v. Planning and Zoning Commission of the Town of Salisbury, et al.

The plaintiff, Scott Warner, appeals from the judgment of the trial court dismissing his appeal from the decision of the planning and zoning commission of the town of Salisbury (commission).1 He claims that the court improperly dismissed the appeal because (1) he was not required to plead and to prove aggrievement with respect to a 2000 decision by the commission granting an alleged zone change to

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73-75 Main Avenue, LLC v. PP Door Enterprises, Inc., et al.

The defendants, PP Door Enterprise, Inc. (PP Door), and Ping Ying Li,1 appeal from the judgment of the trial court in favor of the plaintiff, 73-75 Main Avenue, LLC, for breach of a commercial lease agreement. On appeal, the defendants claim that the court (1) lacked subject matter jurisdiction, (2) improperly found PP Door liable without proof that the lease was entered into under its name and un

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William Priest v. Kevin W. Edmonds

The defendant, Kevin W. Edmonds, individually and doing business as Prescott Builders,1 appeals from the trial court’s denial of his motion to open a default judgment and for a directed verdict. He claims that the trial court abused its discretion in denying the motion. The plaintiffs, William Priest and Christine Vannie, respond that the trial court properly exercised its discretion by den

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Alfred L. Aydelott v. City of Portland

[¶1] Patricia and Richard Ashton appeal from a judgment entered in the Superior Court (Cumberland County, Crowley, J.) vacating a decision of the City of Portland Zoning Board of Appeals (Board) that upheld the issuance of a building permit to the Ashtons. The Ashtons contend that the Board correctly interpreted the provisions of the Portland Code of Ordinances (Code), and correctly applied the

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Paul Braley v. City of Forest Park

Paul Braley (“Braley”) has a leasehold interest in property in Forest Park, Georgia, where he operates a retail salvage store. Since 1984, he has displayed merchandise for sale to the public in front of the store in an area where there is a sidewalk and places to park.

In March 2007, the City of Forest Park (“City”) amended its ordinances to establish a new Section 9

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Rita Reid v. Lincoln Charter Township

Plaintiff Rita Reid, as trustee of the Rita G. Reid Trust, appeals as of right the July 16, 2008 final order granting summary disposition to defendant Lincoln Charter Township (the Township) on her claims for regulatory taking and inverse condemnation. Reid also appeals several other orders entered by the trial court: the May 18, 2007 order denying in part her motion for leave to file an amended c

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Huron Charter Township v. Lanny Desmond Fox

Defendant appeals as of right from the trial court’s order granting plaintiff summary disposition and injunctive relief. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E).

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This case concerns defendant’s alleged violation of plaintiff’s “tree protection” ordinance. The ordinance includes these relevant provisions:

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Volkswagen of America, Inc. v. Demerst B. Smit

In a prior appeal, this Court reversed a decision of the Commissioner of the Virginia Department of Motor Vehicles (“DMV”) finding that, during the period of October 1997 through March 1998, Volkswagen of America, Inc. (“Volkswagen”) violated Code § 46.2-1569(7) when it failed to supply certain high-demand models of vehicles imported by Volkswagen for distribution to its

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Debra Billings v. County Council of Prince George's County, Maryland

The appellants in this zoning case are Dedra Billings, David B. Johnson, Michelle Coffee, Cheryl Corson, and Friends of Croom Civic Association. The appellees are the County Council of Prince George’s County, Maryland, sitting as the District Council (hereafter, “the District Council”) and Eastern Petroleum Corporation (“Eastern Petroleum”). Maryland Code (2003 Repl.

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Jersey Schools Construction Corporation v. David Lopez

In this condemnation action involving property located at

1501 Palisade Avenue, Union City, plaintiff, New Jersey Schools

Construction Corporation (plaintiff or SCC),1 challenges certain

rulings of the Law Division on in limine motions: (1)

determining that the value of the improvements to the property

made after the owner, defendant David Lopez, receiv

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New England Estates, LLC v. Town of Bransford, et al.

This appeal and cross appeal, along with the companion cases decided today, Branford v. Santa Barbara, 294 Conn. 785, A.2d (2010), and Branford v. Santa Barbara, 294 Conn. 803, A.2d (2010), arise from the named defendant town of Branford’s (town)1 exercise of eminent domain with respect to an approximately seventy-seven acre parcel of land, known as 48-86 Tabor Drive. In this action brought

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Richard Costantino v. Stanley Skolnick

The named plaintiff, Richard Costantino,1 appeals from the trial court’s decision2 denying his request for a declaratory judgment that the defendant Medical Professional Mutual Insurance Company doing business as ProMutual and ProSelect Insurance Company (ProMutual), the medical malpractice insurer for the named defendant, Stanley Skolnick, is required to pay the plaintiff offer of judgment

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Glacial Aggregates, LLC v. Town of Yorkshire

Glacial Aggregates LLC (Glacial or the company) was formed in 1996 to conduct sand and gravel mining after John M. Clarey, one of its principals, learned that the Buffalo area needed additional sources of sand and aggregates. At the time, Clarey had 20 years of experience in oil and gas drilling in Western New York.

Glacial scouted out potential mining sites along Route 16 in Cattaraugus Co

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Charles Kalil v. Town of Dummer Zoning Board of Adjustment

In these consolidated appeals, the plaintiffs, Charles and Brenda Kalil, contest two orders of the Superior Court (Vaughan, J.). In one, the court granted the motion to dismiss filed by defendant Town of Dummer (Town) on the ground that res judicata barred the plaintiffs’ writ alleging an inverse condemnation claim. In the other, the court denied the plaintiffs’ motion to amend their

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Collden Corporation v. Town of Wollfeboro

The petitioner, Collden Corporation (Collden), appeals an order of the Superior Court (Brown, J.) dismissing its declaratory judgment claims following a decision of the Town of Wolfeboro Planning Board. We affirm. The following facts appear in the trial court’s order. On July 29, 1993, the respondent, Town of Wolfeboro (town), approved Collden’s subdivision plan, provided that Collde

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Michael Adams v. Town of Brunswick

[¶1] Michael Adams and three other property owners in the Town of Brunswick’s Residential 2 zoning district (collectively Neighbors) appeal from a judgment of the Superior Court (Cumberland County, Warren, J.), affirming the Brunswick Code Enforcement Officer’s (CEO’s) determination that leasing a house divided into two apartments to a total of eleven Bowdoin College studen

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Parchester Village Neighborhood Council v. City of Richmond

Defendants the City of Richmond and the City Council of the City of Richmond (City) appeal the judgment granting a peremptory writ of mandate invalidating a municipal services agreement (MSA) entered into by the City and the Scotts Valley Band of Pomo Indians of California (Tribe). The trial court concluded the City violated the California Environmental Quality Act (Pub. Resources Code, § 21000

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