Όλες οι καταχωρήσεις » Rezoning
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21.10.2014 - Remmel v. City of Portland - Supreme Court of Maine

32 Thomas Street, LLC applied to the Portland City Council for conditional rezoning of its property in Portland’s West End. The City Council ultimately approved the conditional zoning agreement (CZA) for the reuse and rehabilitation of the property. The superior court determined that the rezoning did not comply with the City’s comprehensive plan and state statutes limiting conditional rezoning. The Supreme Court vacated the judgment of the superior court and remanded with direction to affirm the decision of the City Council, holding that the record before the City Council supported its legislative determination that the CZA was consistent with the comprehensive plan and therefore did not violate relevant state statutes.

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18.10.2014 - Citizens Opposing A Dangerous Environ. v. Co. of Kern - Court of Appeal State of California

CODE appealed the superior court's denial of a petition for writ of mandamus to set aside an environmental impact report (EIR) certification and project approval on the grounds that Mitigation Measure 4.8-8 was ineffective and respondents failed to comply with the California Environmental Quality Act (CEQA), Pub. Resources Code, 21000 et seq. The EIR concerned North Sky River and Jawbone's application to rezone and for a conditional use permit for mobile concrete batch plants in order to build and operate a wind farm in the Tehachcapi Wind Resource Area. The court concluded: (1) as a matter of law, the County's EIR described a legally feasible mitigation measure; (2) as a matter of law, the County was not required to respond to late comments; (3) substantial evidence supported the Board's conclusion that MM 4.8-8 mitigated significant impacts on aviation safety; and (4) the Board was not required to consider either CODE's proffered mitigation measure or the EIR's "environmentally superior alternative." Accordingly, the court affirmed the superior court's order denying CODE's petition for a writ of mandamus.

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16.10.2014 - Pike Indus., Inc. v. City of Westbrook - Supreme Court of Maine

Pike Industries operated a quarry in the City of Westbrook. Smiling Hill Farm owned property and operated businesses near Pike’s quarry. After the City concluded that Pike did not have a grandfathered right to quarry and attempted to rezone the property and end Pike’s quarrying operations, Pike filed a complaint seeking to enjoin the City from enforcing its zoning ordinances. The City and Pike subsequently entered into a consent decree that allowed Pike to continue its quarrying operations subject and established a set of governing performance standards. Smiling Hill appealed. In Pike I, the Supreme Court remanded the case with instructions for the parties to formalize the performance standards. The parties then entered into a second consent decree. Smiling Hill appealed. The Supreme Court affirmed, holding (1) the decree conformed to the requirements laid out in Pike I; and (2) the decree did not result in a forfeiture of the City’s enforcement power or an illegal contract zone.

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14.10.2014 - Pike Indus., Inc. v. City of Westbrook - Supreme Court of Maine

Pike Industries operated a quarry in the City of Westbrook. Smiling Hill Farm owned property and operated businesses near Pike’s quarry. After the City concluded that Pike did not have a grandfathered right to quarry and attempted to rezone the property and end Pike’s quarrying operations, Pike filed a complaint seeking to enjoin the City from enforcing its zoning ordinances. The City and Pike subsequently entered into a consent decree that allowed Pike to continue its quarrying operations subject and established a set of governing performance standards. Smiling Hill appealed. In Pike I, the Supreme Court remanded the case with instructions for the parties to formalize the performance standards. The parties then entered into a second consent decree. Smiling Hill appealed. The Supreme Court affirmed, holding (1) the decree conformed to the requirements laid out in Pike I; and (2) the decree did not result in a forfeiture of the City’s enforcement power or an illegal contract zone.

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26.03.2014 - Barley Mill, LLC v. Save Our County, Inc. - Supreme Court of Delaware

Barley Mill, LLC appealed a Court of Chancery judgment invalidating a vote of the New Castle County Council on a rezoning ordinance. Barley Mill planned to develop a piece of property to house office space and a regional shopping mall. The increase in traffic associated with the development was of considerable concern to both the public and members of the Council itself. But the Council was advised that: (1) it could not obtain the traffic information and analysis that Barley Mill was required to provide to the Delaware Department of Transportation as part of the overall rezoning process before the Council exercised its discretionary authority to vote on the rezoning ordinance; and (2) that the traffic information was not legally relevant to the Council's analysis. That advice was incorrect and there were no legal barriers that prevented the Council from obtaining the information or considering it before casting its discretionary vote on the rezoning ordinance. After the rezoning ordinance was approved, nearby resident homeowners and Save Our County, Inc. challenged the zoning ordinance, arguing that not only was the Council allowed to consider the traffic information, but the New Castle County Unified Development Code required it to consider that information before its vote. They also argued that, even if the Council was not required to consider the information before the vote, the vote on the rezoning ordinance was arbitrary and capricious because the Council had received erroneous legal advice that the information was both unavailable and irrelevant at the time the Council cast its vote. The Court of Chancery held that the mistake of law caused the Council to vote without first obtaining the information, rendering the vote arbitrary and capricious. On appeal, Barley Mill argued that the Court of Chancery erred when it invalidated the Council's vote. Save Our County and New Castle County cross-appealed, arguing that the Court of Chancery erred in holding that neither 9 Del C. Sec. 2662 nor the UDC required the Council to consider a traffic analysis before casting its discretionary vote on the rezoning ordinance. Finding no reversible error, the Supreme Court affirmed the Court of Chancery's decision.

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To portal www.spatialplandev.gr δημιουργήθηκε στα μέσα του 2014 από την εταιρεία Spatial Planning & Development Ε.Π.Ε.

Επιστημονικός Υπεύθυνος της προσπάθειας αυτής έχει οριστεί ο κ. Κωνσταντίνος Τσάντζαλος, Δικηγόρος Αθηνών, πτυχιούχος της Νομικής Σχολής του Εθνικού και Καποδιστριακού Πανεπιστημίου Αθηνών, κάτοχος μεταπτυχιακού τίτλου σπουδών (MSc) στο γνωστικό αντικείμενο Χωροταξίας – Πολεοδομίας – Περιφερειακής Ανάπτυξης του Τμήματος Μηχανικών Χωροταξίας, Πολεοδομίας & Περιφερειακής Ανάπτυξης της Πολυτεχνικής Σχολής του Πανεπιστημίου Θεσσαλίας και υπ. Διδάκτωρ του Τμήματος Πολιτικής Επιστήμης και Δημόσιας Διοίκησης της Σχολής Οικονομικών και Πολιτικών Σπουδών του Εθνικού και Καποδιστριακού Πανεπιστημίου Αθηνών.

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