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Land Use Law Report, Volume 46, Number 10, October 2018

Ordinances

 

Open Meeting Law Means Public At Least Gets To Listen In

Wednesday, October 03, 2018

Facts: John Noble and Cedar Ridge Homes, Inc. (Cedar Ridge) own 152 acres in Kootenai County, Idaho. In 2006, Cedar Ridge applied to build a subdivision that contained 20 five- to ten-acre lots and included a 70-acre no-build area, “the meadow,” which is a wetland subject to frequent flooding. In 2007, [...]

Private Citizens’ Suit To Enforce Landfill Ordinance Doesn’t Affect Vital State Function

Wednesday, October 03, 2018

Facts: In 1984, Solano County, California passed a voter-enacted ordinance restricting the import of out-of-county solid waste to 95,000 tons per year. In 1992, the County stopped enforcing the ordinance after legal counsel concluded that the ordinance was likely an unconstitutional violation of the dormant Commerce [...]

Noisy Airboats Can Be Nuisance Even When Rule-Abiding

Wednesday, October 03, 2018

Facts: Wayne L. Neidlinger, doing business asCaptain Fred’s Airboat Nature Tours (Captain Fred’s), operates commercial airboat tours on Lake Hamilton in Florida. These tours generate noise levels up to 100-110 decibels when the airboats come within 1,500 feet of the shoreline. People live along the shore [...]

Scenic View Ordinance Too Vague To Enforce

Wednesday, October 03, 2018

Facts: Brendan Cunney sued the Board of Trustees of the Village of Grand View, New York, along with the village’s Zoning Board of Appeals (ZBA) and its building inspector, Joseph W. Knizeski. Cunney alleged that a village zoning ordinance was void for vagueness [...]

Tattoo Artist Challenged City’s ‘Unbridled Discretion’ Under First Amendment

Wednesday, October 03, 2018

Facts: James Real owns a tattoo shop in Huntington Beach, California and has long wanted to open one in nearby Long Beach. But the City of Long Beach has a restrictive zoning ordinance when it comes to tattoo shops. They are forbidden in most parts of Long Beach, and where they are permitted, they [...]

County Properly Used ‘Surrogate Questions’ To Interpret Ordinance

Wednesday, October 03, 2018

Facts: Larry Kaplowitz and Karin Marcus wanted to convert part of a horse barn into a “sanctuary” containing a yoga/dance/music studio, guest room, recording study, and bathrooms. The owners planned to use the sanctuary themselves each day and to share it with small groups of friends on [...]

 
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