Όλες οι καταχωρήσεις » Zoning Ordinance
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13.08.2015 - City of Helena v. Svee - Supreme Court of Montana

Section 11-41-2 of the Helena City Code (the Ordinance) places limitations on roofing materials used on structures located within the wildland-urban interface (WUI) district. The City filed suit against homeowners whose property was situated within the WUI zoning district (Homeowners), alleging violation of the Ordinance. Homeowners answered the complaint and petitioned for a declaratory judgment that the Ordinance was invalid on statutory and constitutional grounds. The district court granted summary judgment for Homeowners, concluding that the Ordinance was a building regulation, and the City was not authorized to adopt building regulations under the guise of a zoning ordinance. The Supreme Court affirmed in part and reversed and remanded in part, holding that the district court (1) did not err by determining that the Ordinance was an impermissible building code and not a zoning ordinance; (2) erred by concluding that Homeowners were ineligible for an award of attorney fees; and (3) did not err by denying and dismissing Homeowners' constitutional arguments.

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22.05.2015 - Cannabis Action Council v. City of Kent - Supreme Court of Washington

Under the Washington State Medical Use of Cannabis Act (MUCA), chapter 69.51A RCW, qualifying patients could participate in "collective gardens" to pool resources and grow medical marijuana for their own use. However, MUCA granted cities and towns the power to zone the "production, processing, or dispensing" of medical marijuana. Given this law, the city of Kent enacted a zoning ordinance that prohibited collective gardens within its city limits. The issue for the Supreme Court's review centered on whether MUCA preempted the Ordinance. The Court held that it did not and affirm the Court of Appeals: the Ordinance was a valid exercise of the city of Kent's zoning authority recognized in RCW 69.51A.l40(1) because the Ordinance merely regulated land use activity.

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24.02.2015 - State ex rel. Morrison v. Beck Energy Corp. - Supreme Court of Ohio

Ohio Rev. Code 1509 gives state government “sole and exclusive authority” to regulate the permitting, location, and spacing of oil and gas wells and production operations within Ohio. Beck Energy Corporation obtained a permit from the Ohio Department of Natural Resources in order to drill an oil and gas well on property within the corporate limits of the City of Munroe Falls. When Beck Energy began drilling, the City filed a complaint seeking injunctive relief and alleging that Beck Energy was violating several provisions of the Munroe Falls Codified Ordinances. The trial court issued a permanent injunction prohibiting Beck Energy from drilling until it complied with all local ordinances. The court of appeals reversed, concluding that section 1509.02 prohibited the City from enforcing the five ordinances. In so holding, the court rejected the City’s argument that the Home Rule Amendment to the Ohio Constitution allowed the City to impose its own permit requirements on oil and gas drilling operations. The Supreme Court affirmed, holding that the Home Rule Amendment does not grant the City the power to discriminate against, unfairly impede, or obstruct oil and gas activities and production operations that the State has permitted under chapter 1509.

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12.11.2014 - Town of Madawaska v. Cayer - Supreme Court of Maine

The Town of Madawaska filed an amended land use citation and complaint against Richard and Ann Cayer for violations of a shoreland zoning ordinance. The Cayers filed a special motion to dismiss pursuant to Maine’s anti-SLAPP statute, arguing that the land use citation was a retaliatory effort by the Town to punish them for exercising their right to petition local government. The trial court denied the special motion to dismiss. The Supreme Court affirmed, holding that, except possibly in extraordinary circumstances not presented in this case, the anti-SLAPP statute cannot be invoked to thwart a local government enforcement action commenced to address the defendants’ alleged violations of law.

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28.10.2014 - Newton County v. East Georgia Land & Development Cp., LLC - Supreme Court of Georgia

East Georgia Land and Development Company, LLC sued Newton County and several of its officers for a writ of mandamus, arguing that a zoning ordinance adopted by the County in May1985 was invalid. The trial court agreed that the zoning ordinance is invalid, it awarded summary judgment to East Georgia. The County appealed. The zoning ordinance at issue referred to (and purported to incorporate by reference) a set of maps identified in the ordinance as the "Official Zoning District Maps for Newton County." These maps are an integral part of the zoning ordinance. The only such maps that appeared in the record, however, were adopted by the County on July 2, 1985, and nothing in the record showed that those maps even were in existence in May 1985. "A map not yet in existence cannot have been 'made a public record' and certainly is not 'accessible to members of the public who are, or may be, affected by it.'" The trial court found, and as a result, concluded that the ordinance was void at the moment of its enactment. The Supreme Court saw no error in the findings of the trial court on this point, nor in its conclusion that the ordinance was void from its inception.

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21.10.2014 - Newton County v. East Georgia Land & Development Cp., LLC - Supreme Court of Georgia

East Georgia Land and Development Company, LLC sued Newton County and several of its officers for a writ of mandamus, arguing that a zoning ordinance adopted by the County in May1985 was invalid. The trial court agreed that the zoning ordinance is invalid, it awarded summary judgment to East Georgia. The County appealed. The zoning ordinance at issue referred to (and purported to incorporate by reference) a set of maps identified in the ordinance as the "Official Zoning District Maps for Newton County." These maps are an integral part of the zoning ordinance. The only such maps that appeared in the record, however, were adopted by the County on July 2, 1985, and nothing in the record showed that those maps even were in existence in May 1985. "A map not yet in existence cannot have been 'made a public record' and certainly is not 'accessible to members of the public who are, or may be, affected by it.'" The trial court found, and as a result, concluded that the ordinance was void at the moment of its enactment. The Supreme Court saw no error in the findings of the trial court on this point, nor in its conclusion that the ordinance was void from its inception.

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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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