affirmed

Plamondon v. Outcepts Management & Consulting, LLC

Full Case Name
William R. Plamondon & others vs. Outcepts Management & Consulting, LLC, & others
Description

The Court affirmed the trial court's finding that the area around the defendants' new billboard was not primarily of a business character as viewed from the highway and that the requirements of 711 Code Mass. Regs. § 3.07 were not satisfied. The Court also affirmed the trial court's decision to order that the defendants' billboard not be illuminated at night and that it be removed within ninety days.

Date
06-11-2012
Court
Massachusetts Appeals Court
Jurisdiction
Massachusetts
Plaintiffs
Defendants
Incident Location
Westport, MA
Disputed Act

Defendants sought to replace an existing billboard on their property in a residential neighborhood. Plaintiffs, who live nearby defendant, brought suit requesting injunctive relief to enjoin defendant from keeping the new billboard in place. The plaintiffs alleged that the new billboard did not meet the requirements of G. L. c. 93 and 711 Code Mass. Regs. § 3.00 et seq. (2010) and that the new billboard was different from the old billboard because, among other things, it was lit with light-emitting diode (LED) lamps hidden and mounted at the bottom of the billboard’s catwalk, as opposed to the prior sign’s floodlights. The trial court judge credited the defendants’ evidence that the new billboard's LED lighting minimized “backwash lighting,” or “light trespass.”

Holding
The Court affirmed the trial court's finding that the area around the defendants' new billboard was not primarily of a business character as viewed from the highway and that the requirements of 711 Code Mass. Regs. § 3.07 were not satisfied. The Court also affirmed the trial court's decision to order that the defendants' billboard not be illuminated at night and that it be removed within ninety days.
Disposition

Armstead v. Zoning Board of Adjustment

Full Case Name
William ARMSTEAD and Tully J. Speaker and Barbara Krassenstein and Gail Ober and Annyah Hasler and Roger Hasler and Bernard Bondi and Roseanne Stagno Adams and Jovida Hill and Scenic Philadelphia, Appellants v. ZONING BOARD OF ADJUSTMENT OF the CITY OF PHILADELPHIA and City of Philadelphia and Franklin Institute
Description

Plaintiff residents of Philadelphia objected to the Philadelphia Zoning Board of Adjustment (ZBA) granting a variance to permit the Applicant, the Franklin Institute, to change its sign from vinyl to digital. The Court affirmed the trial court's ruling that plaintiffs lacked standing to challenge the City's Zoning Board of Adjustment's granting of a variance for an Applicant to change its sign from vinyl to digital.

Date
04-23-2015
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Philadelphia, PA
Disputed Act

Plaintiff residents of Philadelphia objected to the Philadelphia Zoning Board of Adjustment (ZBA) granting a variance to permit the Applicant, the Franklin Institute, to change its sign from vinyl to digital. The Franklin Institute had informed the ZBA it would agree to, among other things, reduce the sign’s brightness and equip the sign with automatic dimming control, which adjusts the sign’s light levels to changing conditions.

Holding
The Court affirmed the trial court's ruling that plaintiffs lacked standing to challenge the City's Zoning Board of Adjustment's granting of a variance for an Applicant to change its sign from vinyl to digital.
Disposition

Citizens for Amending Proposition v. City of Pomona

Full Case Name
CITIZENS FOR AMENDING PROPOSITION L et al., Plaintiffs and Respondents, v. CITY OF POMONA, Defendant and Appellant.
Description

The Court affirmed the trial court's ruling that the city of Pomona's agreeement with Regency Outdoor Advertising, Inc. was a new agreement that violated a duty to comply with Proposition L, a ballot initiative that passed which prohibited the construction of additional billboards within Pomona city limits.

Date
11-07-2018
Court
Court of Appeal, Fifth District, California
Jurisdiction
California
Defendants
Incident Location
Pomona, CA
Disputed Act

Proposition L was a ballot initiative that passed which prohibited the construction of additional billboards within Pomona city limits. Plaintiff, a non-profit composed of Pomona city residents formed to advocate for the enforcement of Proposition L, brought suit against the city of Pomona for entering into an extended agreement with Regency Outdoor Advertising, Inc. (Regency) to allow Regency to erect advertising billboards alongside several Pomona freeways. Issues discussed at city council meetings regarding the extended agreement with Regency included "the locations of billboards in the City, types of digital signs, light emissions, and the possibility of negotiating the removal of the three additional signs."

Holding
The Court affirmed the trial court's rulings that plaintiffs had standing, that the city of Pomona's agreeement with Regency Outdoor Advertising, Inc. was a new agreement that violated a duty to comply with Proposition L, and that plaintiffs were entitled to attorney's fees.
Disposition

Hall v. City of Ridgeland

Full Case Name
Dr. Charles HALL, Janet H. Clark, Beatrice Langston Berry, Kate Sharp, Belinda Boozer, William Murphy, Carol Murphy, Steve Hanneke, Mary Ellen Martin, Mary S. Godbold, Bobby J. Stokes, Kevin Camp, Gary E. Payne, Maria Rosa Gutierrez, Denise Michelle Wilson, Mary Bishoff, John Austin Evans, Mel Evans, Larry Stowe, Paige Stowe and Kim H. Loper v. The CITY OF RIDGELAND, Mississippi, Madison County Land Company, LLC, Southern Farm Bureau Brokerage Company, Inc., Bailey-Madison, LLC, 200 Renaissance, LLC, 100 Renaissance, LLC and Renaissance at Colony Park, LLC
Description

The Court found that although plaintiff residents had the standing to challenge an ordinance granted by the City of Ridgeland about the construction of a thirteen-story office building near them, the City's decision to allow construction of the building was not arbitrary or capricious and was supported by substantial evidence.

Date
06-10-2010
Court
Mississippi Supreme Court
Jurisdiction
Mississippi
Plaintiffs
Defendants
Incident Location
Ridgeland, Mississippi
Disputed Act

A group of Ridgeland residents challenged the legality of an ordinance issued by the City of Ridgeland to allow developers to construct a thirteen-story office building near them. The residents' concerns about the construction of the commerical development included ingress and egress access issues, depreciation of home values, the height of the building, and after-dark light pollution. The City of Ridgeland argued that the plaintiffs did not have standing to challenge the ordinance.

Holding
The Court held that the plaintiffs had standing to challenge the issuance of the conditional use allowing construction of the building. The Court also held that the City of Ridgeland's ordinance approving the construction of the building near the plaintiff residents was neither arbitrary nor capricious and was supported by substantial evidence.
Disposition

Friends of Black Forest Preservation Plan, Inc. v. Board of County Commissioners

Full Case Name
FRIENDS OF THE BLACK FOREST PRESERVATION PLAN, INC., a Colorado non-profit corporation; Richard Babcock; Jennifer Babcock; Brenda S. Baldry; Karen R. Coppeak; Remi Y. Gagne; Charlotte R. Gagne; Leif Garrison; James C. Kesser; Sharon Kesser; James A. Orban; Patricia E. Orban; Laura N. Spear; Timothy J. Spear; Wallace J. Stenhaug; Sandra A. Stenhaug; and Margaret J. Whitley, Plaintiffs-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF EL PASO COUNTY, Colorado; and Black Forest Mission, LLC, a Wyoming limited liability company, Defendants-Appellees
Description

The Board of County Commissioners granted a special use permit to a company to build a greenhouse in a preservation area. There were initial concerns by residents about light pollution and other effects from the construction. However, the company re-submitted a plan that addressed these concerns. The Board made findings that the re-submitted plan was consistent with the Master Plan for the preservation area, and the Court concluded the Board was allowed to make this finding.

Date
04-07-2016
Court
Colorado Court of Appeals
Jurisdiction
Colorado
Defendants
Incident Location
El Paso County, CO
Disputed Act

The Board of County Commissioners approved a special use permit for Black Forest Mission, LLC (BFM) to build a greenhouse or set of them in the Black Forest preservation area. Some residents initially objected to BFM's plan for the building of the greenhouse because of concerns related to light pollution, obstruction of views, and traffic congestion, however, BFM revised its plan to address these concerns and resubmitted its plan to the Board of County Comissioners. The plaintiff, Friends of Black Forest Preservation Plan, Inc., objected to the Board of County Comissioners approving BFM's updated plan by arguing it was inconsistent with the Master Plan for the preservation area.

Holding
The Court concluded that the Board of County Commissioners' finding that BFM’s special use application was “consistent with the applicable Master Plan” was supported by competent evidence. Moreover, the Court found that the Master Plan for the preservation area was advisory so the Board of County Commissioners was allowed to exercise its discretion in its findings.
Disposition

Kretschmann Farm, LLC v. Township of New Sewickley

Full Case Name
KRETSCHMANN FARM, LLC, and Donald Kretschmann and Rebecca Kretschmann, husband and wife, Appellants v. TOWNSHIP OF NEW SEWICKLEY and Board of Supervisors of New Sewickley Township, Beaver County, Pennsylvania v. Cardinal PA Midstream, LLC and PennEnergy Resources, LLC
Description

Township allowed for the construction of a gas compressor station adjacent to landowners' farm. Landowners appealed on the basis that evidence that the station will negatively affect public health and welfare was not considered and that they were denied the opportunity to present additional evidence. Court found that evidence lacked probative value. Court also found the trial court did not abuse its discretion by not permitting expansion of the record.

Date
01-07-2016
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Beaver County, PA
Disputed Act

Township Board's and trial court's decisions allowed for the construction of a gas compressor station adjacent to landowners' farm. Landowners appealed on the basis that evidence that the station will negatively affect public health and welfare was not considered and that they were denied the opportunity to present additional evidence. The township's conditions for the gas compressor station already required the station to minimize nighttime lighting.

Holding
The Court found that the landowners' evidence lacked probative value; they did not meet their burden of showing that the station would negatively affect public health and welfare in any unexpected way. The Court also found the trial court did not abuse its discretion by not permitting expansion of the record.
Disposition

ASPEN TRAILS RANCH, LLC v. Simmons

Full Case Name
ASPEN TRAILS RANCH, LLC, Appellant, v. BARRY J. SIMMONS and PETE ELLIOT, and HELENA CITY COMMISSION, Appellees
Description

Commission approved developer's subdivision preliminary plat. Neighbors filed complaints alleging the developer's environmental assessment was inadequate. District Court found the approval of the plat unlawful for failure to address pollution concerns. Developer appealed. The Court found that the Plaintiff's had standing and that the trial court appropriately voided the preliminary plat due to the lack of information about groundwater and surface pollution.

Date
04-14-2010
Court
Montana Supreme Court
Jurisdiction
Montana
Plaintiffs
Defendants
Incident Location
Helena, MT
Disputed Act

City Commission approved developer's subdivision preliminary plat. Neighbors filed complaints alleging the developer's environmental assessment inadequately addressed potential increased traffic, decreased water quality, flooding, and light pollution. District Court found the approval of the plat unlawful for failure to address groundwater and surface pollution concerns. Developer appealed.

Holding
The Court found that allowing the developer to file a motion to appeal after the City declined to do so was within the trial court's discretion, that the Plaintiff's had standing, and that the trial court appropriately voided the preliminary plat due to the lack of information about groundwater and surface pollution.
Disposition

Heffernan v. Missoula City Council

Full Case Name
KATHY HEFFERNAN, ROBIN CAREY, DAVID HARMON, and NORTH DUNCAN DRIVE NEIGHBORHOOD ASSOCIATION, INC., Plaintiffs and Appellees, v. MISSOULA CITY COUNCIL, CITY OF MISSOULA, and JOHN ENGEN, Mayor, Defendants and Appellants, and MUTH-HILLBERRY, LLC, Intervenor-Defendant and Appellant
Description

City approved plans for a subdivision. Neighbors and an association opposed the subdivision and petitioned for judicial review. District Court found City's decisions to be arbitrary and capricious. City and developer appealed. Court held that Plaintiffs had standing and that the City was required to substantially comply with its growth policy, but did not do so when it approved the subdivision plan. Court also found that the agreement between City and the developer did not supersede the growth policy.

Date
05-03-2011
Court
Montana Supreme Court
Jurisdiction
Montana
Plaintiffs
Defendants
Incident Location
Missoula, MT
Disputed Act

City approved plans for a 37-lot subdivision. Nearby residents and a neighborhood association opposed the subdivision due to incompatibility with the City's growth policy, ecological concerns, traffic, and light pollution; they then petitioned for judicial review. District Court found City's decisions to be arbitrary and capricious. City and developer appealed.

Holding
The Court held that the Plaintiffs had standing and that the City was required to substantially comply with its growth policy, but did not do so when it approved the subdivision plan. The Court also found that the density rights agreement between the City and the developer did not supersede the growth policy.
Disposition

Delaware Riverkeeper Network v. Secretary of the Pennsylvania Department of Environmental Protection

Full Case Name
DELAWARE RIVERKEEPER NETWORK; Maya Van Rossum, the Delaware Riverkeeper, Petitioners v. SECRETARY OF the PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION; Pennsylvania Department of Environmental Protection, Respondents. Tennessee Gas Pipeline Co., Intervenor
Description

Proposed natural gas pipeline project would impact wetlands. State found the project to be water dependent and the least environmentally damaging option. An environmental organization filed a petition for review. Court found that it has jurisdiction, State's interpretation of water dependency should be upheld, and that State's rejection of a compression alternative was reasonable and nonarbitrary.

Date
08-30-2017
Court
United States Court of Appeals for the Third Circuit
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
Pike County, PA; Wayne County, PA
Disputed Act

A proposed interstate natural gas pipeline project would impact exceptional-value wetlands. The State found the project to be water dependent and the least environmentally damaging option. An environmental organization filed a petition for review.

Holding
The Court found that it has jurisdiction, the State's interpretation of water dependency should be upheld, and that the State's rejection of a compression alternative was reasonable and nonarbitrary, as the alternative would lead to light and noise pollution and greenhouse gas emissions. Petition for review was denied.
Disposition

Hillstrand v. City of Homer

Full Case Name
Nancy J. HILLSTRAND, Appellant, v. CITY OF HOMER, Appellee
Description

City sought land to expand a water treatment plant. Property owner objected due to impact on access to her property and because the buffer portion of the land would be taken in fee. Court held that the City did not need to complete a final plat by a specific date, that the decision to take buffer land in fee was not arbitrary, and that emininent domain does not prevent the City from taking a fee interest in the buffer land.

Date
10-30-2009
Court
Alaska Supreme Court
Jurisdiction
Alaska
Plaintiffs
Defendants
Incident Location
Homer, AK
Disputed Act

City sought land through eminent domain to expand a water treatment plant. Property owner objected due to the impact on access to her property and because the part of the land to be used as a buffer would be taken in fee simple interest. Moreover, the plaintiff property owner had requested a deeper buffer than the city proposed to build in order "to preserve the land's appearance from the road and to minimize light pollution from the facility."

Holding
The Court held that the City did not need to complete a final plat by a specific date, that the decision to take buffer land in fee was not arbitrary, and that emininent domain does not prevent the City from taking a fee interest in the buffer land.
Disposition