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Posts from October 2015.

Cell phone towerT-Mobile West LLC v City of Medina, U.S.D.C. No. C14-1455-RSL (W.D. Wash., August 25, 2015) involved Plaintiff’s federal court challenge under the Federal Telecommunications Act (FTA) to the denial of its cell tower application.  After the case was filed but before trial, the original parties (i.e., the applicant and the City) proposed a stipulated judgment that would allow the tower on the proposed site with some modifications.  Intervening neighbors objected to the same.

Granger Township Map - BingEditor's note: Edward J. Sullivan and Carrie A. Richter were cited by the Ohio Supreme Court.

Apple Group, Ltd. v. Granger Township Board of Zoning Appeals, 2015 WL 3774084 (Ohio) arose out of a dispute over the interpretation of statutory language that Ohio townships were required to exercise their zoning powers “in accordance with a comprehensive plan,” and whether that requirement necessitated a document separate from the local zoning regulations. 

coexist_orig   Flickr   Photo SharingChurch of Our Lord and Savior Jesus Christ v. City of Markham, No. 15 C 4071 (N. D., Ill. August 19, 2015) was a suit by Plaintiff church against Defendants City and members of its governing body over the denial of a discretionary permit to allow a church use. A state court proceeding challenging that denial was dismissed without prejudice, but this federal action involved both an appeal of the denial, various complaints about open meetings violations, and violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and its state law analogue. This decision involved Defendants’ Motions to Dismiss all claims.

Shook v. Pitkin County Board of County Commissioners, 2015 WL 3776876 (Colo. App., June 18, 2015), involved a complaint of a potential land use code violation on Plaintiff’s property. Following an investigation, a notice of violation was directed at Plaintiff, who obtained a permit. No further action was taken on the violation; however, Plaintiff sought all public records concerning the complaint. Defendant supplied some of the requested records, but did not include the name and address of the complainant and certain handwritten notes of the inspector who processed the complaint. Plaintiff filed a declaratory judgment action to obtain that information under the Colorado Open Records Act (CORA), but the trial court upheld the denial of disclosure under an exception in that Act. Plaintiff appealed, seeking the disclosure and statutory attorney fees and costs. 

For the past nine years, Thornburgh Resort Company, LLC and its successor Loyal Land, LLC have attempted to site a destination resort on 2,000 acres in Deschutes County. Ms. Annunziata Gould has continually challenged this effort. The latest challenge, Gould v. Deschutes County (Gould X), may have been the last, for the Oregon Court of Appeals latest decision identified some significant boundaries to the deference that it and LUBA must give to local government interpretations of their own plan and land use regulations. A little background is necessary.

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