Washington Gas Light Co. v. Prince George’s County Council A gas company seeking to expand its natural gas substation in Prince George’s County, Md., cannot challenge the county’s denial of their request in this federal lawsuit; the 4th Circuit affirms the district court decision dismissing the company’s claim under the state’s “mandatory referral statute” and granting summary judgment to the county on state and federal preemption claims.
The Glens of Ironduff Property Owners Association, Inc. v. Daly Even though the road into plaintiff’s subdivision was paved in 2005, it has been used for access to the subdivision since before March 2004, and the last acts or omissions by the defendant-developer that allegedly led to the erosion of the road by an adjacent stream bed also took place before March 2004.
Morgan v. Nash County The plaintiff-city does not have standing to contest the defendant-county’s rezoning of county land to allow industrial uses, potentially including a poultry processing plant. Although the proposed sprayfields for the potential processing plant are located in the watershed from which the city draws half its water supply, the land for the proposed sprayfields was not rezoned.
Mardan IV, LLC v. Cnty. of Cabarrus For the reasons stated in Lanvale Properties, LLC v. Cnty of Cabarrus, above: Absent specific authority from the General Assembly, Adequate Public Facilities Ordinances (APFOs) that effectively require developers to pay a fee to obtain development approval are invalid as a matter of law.
Craft Dev., LLC v. Cnty. of Cabarrus For the reasons stated in Lanvale Properties, LLC v. Cnty of Cabarrus, above: Absent specific authority from the General Assembly, Adequate Public Facilities Ordinances (APFOs) that effectively require developers to pay a fee to obtain development approval are invalid as a matter of law.
Lanvale Properties v. Cnty of Cabarrus Absent specific authority from the General Assembly, Adequate Public Facilities Ordinances (APFOs) that effectively require developers to pay a fee to obtain development approval are invalid as a matter of law.
T-Mobile Northeast LLC v. City Council of Newport News, Va. The 4th Circuit upholds an injunction directing that T-Mobile’s application be granted for a conditional use permit to allow construction of a wireless communication tower at an elementary school in Newport News, Va.
New Cingular Wireless PCS LLC v. Fairfax County Bd. Supers. A county board of supervisors’ denial of a special exception permit to allow construction of an 88-foot cell phone tower in a residential neighborhood in Fairfax, Va., did not violate the Telecommunications Act of 1996; the 4th Circuit says substantial evidence supported the board’s decision, and the permit denial did not effectively prohibit wireless services under the Act.
Fort v. County of Cumberland Permitted land uses in the respondent-county’s A1 Agricultural District include “SCHOOLS, public, private, elementary or secondary.” The inclusion of “elementary or secondary” in the description of permissible schools excludes other types of “SCHOOLS,” such as the respondent-intervenor’s proposed firearms training facility.
APAC-Atlantic, Inc. v. City of Salisbury. (Lawyers Weekly No. 11-07-0330, 18 pp.) (John C. Martin, Ch.J.) Appealed from Rowan County Superior Court. (Davis, Lindsay R., J.). N.C. App. Click here for the full text of the opinion. Holding: One result of the petitioner’s proposed modifications to its asphalt plant would be an expanded capacity to [...]
