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Tag Archives: Zoning

Real Property – Billboard Lease – Municipal — Zoning – Special Use Permit (access required)

MCC Outdoor, LLC v. Town of Wake Forest Plaintiff’s forecast of evidence indicates that the defendant-town caused plaintiff’s billboard to be removed since the only reason the new landowner did not extend plaintiff’s lease was because the town’s special use permit forbade it. However, the town’s forecast of evidence indicates that the new landowner would not have allowed the billboard to remain, even absent the special use permit condition.

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Municipal – Zoning – Conditional Use – Group Home – Neighbors’ Fears (access required)

Livingston v. Robeson County (Lawyers Weekly No. 12-16-0764, 15 pp.) (John C. Martin, Ch.J.) Appealed from Robeson County Superior Court. (Robert F. Floyd Jr., J.) N.C. App. Unpub. Holding: The denial of petitioner’s application for a permit to operate a group home was based entirely on evidence of the generalized fears of neighbors; therefore, the denial of the conditional use permit was not based on substantial, material and competent evidence in the record, and it was arbitrary and capricious.

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Municipal – Zoning – Auto Salvage Business – Alleged Oral Contracts – Due Process – County Code Violations — Environmental – Adjacent Superfund Site (access required)

Huggins, t/a SADISCO of Md. v. Prince George’s County, Md. A property owner who operated a salvage automobile wholesaling business on a parcel adjacent to Andrews Air Force Base’s CERCLA Superfund site, and whose business was cited for numerous county code violations, loses an appeal of the dismissal of its due process and state law claims against Prince George’s County, Md., for shutting down the salvage business pursuant to a consent order; the 4th Circuit says the owner failed to prove oral contracts under Maryland law.

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Municipal – Zoning – Subdivision Plans – Alterations – Flexible Design Option (access required)

ExperienceOne Homes, LLC v. Town of Morrisville After successfully seeking to have their property rezoned, plaintiffs made major alterations in their subdivision’s design: a switch from townhomes to detached single-family homes, increased density, rearrangement of lots, reduced greenspace, altered road placement, and the failure to include a required bridge. Despite switching from townhomes to detached single-family homes, plaintiffs left lot size at 2,500 square feet; the defendant-town’s minimum lot size for detached single-family homes was 6,000 square feet. Since these changes did not qualify as a “minor amendment,” the town properly required plaintiffs to apply for a flexible design option.

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Zoning – Cell Phone Tower – Residential Area – Permit Denial – Telecommunications Act (access required)

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.

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Municipal – Zoning – Special Use Permit – Findings of Fact (access required)

Templeton Properties, L.P. v. Town of Boone On a prior appeal, we remanded so the respondent-town’s board of adjustment could make reviewable findings of fact based on its 2007 public hearings. Instead, the board allowed new testimony from opponents of petitioner’s application for a special use permit -- while not allowing new testimony from petitioner -- and made findings of fact that were obviously influenced by the new testimony.

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Municipal – Zoning – Building Expansion – Parking Plans (access required)

Orange County v. Town of Hillsborough G.S. § 160A-392 grants the respondent-town the authority to apply zoning ordinances to the construction or use of the petitioner-county’s addition to the county courthouse. The trial court correctly found that the county had to be in compliance with the applicable zoning ordinances, particularly ordinance § 6.6, which requires this type of facility to provide a specific number of parking spaces based on the number of employees and the size of the facility.

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Zoning – Municipal – Agricultural District – Firearms Training Facility – ‘Schools’ – Civil Practice – Standing (access required)

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.

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