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Land Use Law Report 2017 Volume 45 Number 2

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Zoning: Calif. Preserves Open Space Where City's New General Plan Outweighs Older Version

Wednesday, February 01, 2017

In 2007, Milan began working with the City to amend the General Plan so that it could develop the property. Milan and the City discovered a City resolution from 1973 that instead designated the land for use as ''Open Space and Low Density (1 acre)'' (emphasis added). The resolution was supposed to be incorporated into the City's General Plan but never was. Thus the General Plan available [...]

Development: Freezing Land Use Laws Promotes Substantial Development, Maryland Court Affirms

Wednesday, February 01, 2017

Facts: In 1995, Maryland enacted its development rights and responsibilities agreement (DRRA) statute, which allowed local governments to enter into agreements with landowners to ''establish conditions under which development may proceed for a specified time.'' Md. Code, Art. 66B, § 13.01. Specifically, the statute allows an agreement to temporarily ''freeze'' local laws that [...]

Nuisance: In Vermont, Ugly Is Still Not A 'Nuisance'

Wednesday, February 01, 2017

Facts: Peck Electric Company and Solarcommunities, Inc. (defendants) leased land in Vermont for the purpose of building commercial solar arrays. Neighboring landowners sued the defendants for private nuisance, alleging that the solar arrays ''negatively affected the surrounding area's rural aesthetic,'' which in turn caused property values to decline [...]

Zoning / Historic Preservation: Zoning Board Had Authority To Interpret Ordinance, Approve Museum Addition

Wednesday, February 01, 2017

Facts: The Breakers is a historic Vanderbilt summer home in Newport, Rhode Island that has operated as a museum since 1948. The Preservation Society of Newport County has been operating the museum since then, and it has owned the property since 1972. In 1977, Newport amended its zoning ordinance to allow museums under a ''special exception'' in the residential [...]

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