affirmed

Ring v. Moore County

Full Case Name
Glen Lewis RING, Wanda Joyce Ring, William Thomas Ring and Pamela Ann Ring, Plaintiffs, v. MOORE COUNTY, Camp Easter Management, LLC and Bob Koontz, Defendants.
Description

Landowners brought suit against county for rezoning adjacent land without proper notice. The court ruled that the landowners failed to allege sufficient injury to challenge the county's ordinance.

Date
12-19-2017
Court
Court of Appeals of North Carolina
Jurisdiction
North Carolina
Plaintiffs
Defendants
Incident Location
Moore County, NC
Disputed Act

Landowners brought suit against county for rezoning adjacent land, alleging inadequate or improper notice of rezoning and injury to landowners' use of their land. Specifically, the plaintiff's complaint mentioned light pollution.

Holding
Landowners failed to allege sufficient injury to establish standing in order to challenge the county's ordinance.
Disposition

Baesler v. Lexington-Fayette Urban County Government

Full Case Name
Scotty BAESLER, Alice Baesler, Robert Woods, Judy Woods, and B-W Partnership, a Kentucky general partnership, Appellants, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Lexington-Fayette Urban County Planning Commission; and Dr. Thomas Cooper, Chairman, Lyle Aten, Gene Ballestine, Ben Bransom, Ann Davis, Linda Godfrey, Sarah Gregg, Dallam M. Harper, Marty Howard, Keith Mays, Don Robinson, Ann Ross, Neill Day, Steve Kay, Lynn Roach-Phillips, Frank Penn, Randall Vaughan, and Joan Whitman, in their official capacity as members of the Lexington-Fayette Urban County Planning Commission, Appellees
Description

Property owner sought to rezone land to be included as part of nearby industrial park despite property being designated as a buffer zone between the park and rural agriculatural land. Property owner's applicationw as denied by the Urban County Planning Board Commission. The court ruled that the Commission's denial of the application was suported by substantial evidence.

Date
09-28-2007
Court
Kentucky Court of Appeals
Jurisdiction
Kentucky
Plaintiffs
Defendants
Incident Location
Lexington-Fayette County, KY
Disputed Act

Property owner sought to rezone land adjacent to industrial park known as the Blue Sky Rural Activity Center ("Blue Sky") to be included as part of the park in order to develop land for light industrial use. Property had been designated as a buffer zone between Blue Sky and rural agricultural land. The Urban County Planning Commission denied the application because development of the land would increase surface water runoff, traffic hazards, water and light pollution, and would alter the visual and aesthetic character of the rural area. Property owner appealed.

Holding
Commission's denial of property owner's application was supported by substantial evidence and property owner's procedural due process rights were not infringed.
Disposition

Kilgore Cos. v. Utah Cnty. Bd. of Adjustment

Full Case Name
KILGORE COMPANIES, Appellee, v. UTAH COUNTY BOARD OF ADJUSTMENT, Appellant.
Description

The Utah County Board of Adjustment (the Board) denied the plantiff company's application for a permit to use 65-foot silos due to public concerns about that the increased height of the silos. The Court found there was insufficient evidence to support the Board's decision in denying the permit and found that the plaintiff had met its burden of proof that the additional height of the silos would not have a negative effect on the public health, safety, and welfare or surrounding property
values. The Court affirmed the district court's decision to set aside the Board's denial.

Date
02-07-2019
Court
Court of Appeals of Utah
Jurisdiction
Utah
Plaintiffs
Defendants
Incident Location
Utah County, UT
Disputed Act

Plaintiff company applied for conditional use of two 65-foot silos. The Utah County Board of Adjustment (the Board) denied plaintiff's application. The Board had received public comment with citizens expressing concern "regarding local property values, traffic, road safety, light pollution, and the impact that dust and other emissions have on public health." One resident claimed "she had to 'sleep in [her] closet for [a] year' because the light
from the Plant would shine through her window." Kilgore challenged the Board's denial in district court, which set aside the Board's denial. Utah County appealed.

Holding
The court affirmed the district court's decision to grant plaintiff company's petition and set aside the Board's denial.
Disposition

Blanchard v. Show Low Planning and Zoning Commission

Full Case Name
William BLANCHARD; Leveta Challis; Veta Cook; Caron Letcher; Carole and Vaughn Thompson, Plaintiffs-Appellants, Cross Appellees, v. SHOW LOW PLANNING AND ZONING COMMISSION; City Of Show Low; Ed Muder, as Planning and Zoning Administrator, Defendants-Appellees, Cross Appellants, John Menhennet, Trustee of the John Menhennet Living Trust; Wal-Mart Stores, Inc., Real Parties in Interest, Defendants-Appellees
Description

Nearby property owners brought special action aginst City regarding rezoning to construct a large chain discount store due to adverse effects. Court held that the property owners did not have taxpayer standing to challenge rezoning as their property was not located close enough to the parcel to show particularized harm.

Date
05-25-1999
Court
Arizona Court of Appeals
Jurisdiction
Arizona
Plaintiffs
Defendants
Incident Location
Show Low, AZ
Disputed Act

Neighboring property owners brought special action against City regarding rezoning of newly annexed parcel to construct a large chain discount store due to increased traffic, noise, air, and light pollution.

Holding
Court of Appeals held that citizens did not have taxpayer standing to challenge rezoning and only neighboring owners located approximately 750 feet from parcel showed particularized harm necessary for standing.
Disposition

Green v. Hancock County Bd. of Zoning Appeals

Full Case Name
Todd GREEN, et al., Appellants-Petitioners, v. HANCOCK COUNTY BOARD OF ZONING APPEALS and Joyce Holmes, Appellees-Respondents
Description

County Board of Zoning Appeals (BZA) granted a special exception to a property owner for construction of a banquet hall within an agricultural zoning district despite neighbor objections based on adverse effects to community. The court ruled that the BZA did not act outside of its statutory authorization and the proposed facility was acceptable for a special exception.

Date
07-18-2006
Court
Court of Appeals of Indiana
Jurisdiction
Indiana
Plaintiffs
Defendants
Incident Location
Center Township, IN
Disputed Act

Property owner sought to build a banquet hall in agricultural zoning district. Neighbors objected to property owner's petition based on adverse effects to property values, increased traffic volume, community endangerment, and increased noise and light pollution. The Hancock County Board of Zoning Appeals (BZA) granted the property owner a special exception for construction. Neighbors sought judicial review; Circuit Court affirmed; neighbors appealed.

Holding
BZA did not act outside of its statutory authorization. The proposed facility was an acceptable commercial recreational use for zoning ordinance special exception.
Disposition

Sierra Club v. United States Army Corps of Engineers

Full Case Name
SIERRA CLUB; National Audubon Society; Audubon Arkansas; Charles Mills, Plaintiffs-Appellees, Granville Parnell, Plaintiff, Yancey Reynolds, Plaintiff-Appellee, v. UNITED STATES ARMY CORPS OF ENGINEERS; Colonel Jeffrey R. Eckstein, In his Official Capacity as Current District Engineer, Vicksburg District, U.S. Army Corps of Engineers, Defendants, Southwestern Electric Power Company, Intervenor defendant-Appellant; Hempstead County Hunting Club, Inc., Plaintiff-Appellee, v. Southwestern Electric Power Company, Defendant-Appellant, United States Army Corps of Engineers; Colonel Jeffrey R. Eckstein, District Engineer, Vicksburg District, U.S. Army Corps of Engineers; United States Department of the Interior; Ken Salazar, Secretary of the United States Department of the Interior; United States Fish and Wildlife Service; Rowan Gould, Acting Director of the United States Fish and Wildlife Service, Defendants
Description

Environmental activists brought action against the Army Corps of Engineers, Fish and Wildlife Service, and electric utility company for violating Clean Water Act (CWA), National Environmental Policy Act (NEPA), and Endangered Species Act (ESA) in the process of obtaining a permit to construct a new coal-fired power plant. Court ruled that irreparable harm, balance of hardship, and public interest supported injunction.

Date
07-14-2011
Court
United States Court of Appeals for the Eighth Circuit
Jurisdiction
United States
Plaintiffs
Incident Location
Hempstead County, AR
Disputed Act

Environmental organizations brought action against Army Corps of Engineers, Fish and Wildlife Service, and electric utility for violating the Clean Water Act (CWA), National Environmental Policy Act (NEPA), and Endangered Species Act (ESA) in the process of obtaining a permit to construct a new coal-fired power plant. Preliminary injunctions were granted in part and permit work was ordered to halt. Utility appealed.

Holding
Court of Appeals held that suffered injury in fact required for standing was met; plaintiffs would suffer irreparable harm absent injunction; balance of hardship favored injunction; and public interest supported injunction.
Disposition

State ex rel. Karsch v. Camden County

Full Case Name
STATE of Missouri, ex rel. KARSCH, et al., Appellants, v. CAMDEN COUNTY, Missouri, Board of Adjustment, Respondent
Description

Plaintiff developer applied for a conditional use permit to build condominiums on his property. The County Board of Adjustment denied the application following laywitness testimony about concerns with regard to increased traffic, noise, litter, and light pollution. The Court found that the laywitness concerns were contained in the list of reasons set out in section 408.4 of the Code which support the denial of a request for a conditional use permit. The Court affirmed the trial court's judgment that the County Board of Adjustment did not err in denying plaintiff developer the application for a conditional use permit.

Date
01-27-2010
Court
Missouri Court of Appeals
Jurisdiction
Missouri
Plaintiffs
Defendants
Incident Location
Camden County, MO
Disputed Act

Plaintiff developer sought a conditional use permit to build condominiums on his property. The County Board of Adjustment denied the application following laywitness testimony about concerns with regard to increased traffic, noise, litter, and light pollution. Plaintiff developer sought writ of certiorari to challenge denial. Circuit Court affirmed and developer appealed.

Holding
The Court affirmed the trial court's judgment that the County Board of Adjustment did not err in denying plaintiff developer the application for conditional use permit.
Disposition

Blue Ink, Ltd. v. Two Farms, Inc.

Full Case Name
BLUE INK, LTD. v. TWO FARMS, INC. d/b/a Royal Farms, Inc.
Description

Plaintiff company brought a suit for private nuisance against defendant gas station due to illumination intereference by the gas station on plaintiff's plans to expand its drive-in theater experience. The Court affirmed the circuit court's judgment to set aside the trial court's judgment and damages awarded in favor of plaintiff due to legally insufficient evidence to support a private nuisance claim against defendant.

Date
07-30-2014
Court
Court of Special Appeals of Maryland
Jurisdiction
Maryland
Plaintiffs
Defendants
Incident Location
Middle River, MD
Disputed Act

Plaintiff company brought a suit for private nuisance against defendant gas station due to illumination intereference by the gas station on plaintiff's plans to expand its drive-in theater experience. The jury in the trial court ruled in favor of plaintiff, awarding damages because plaintiff had to build a fence to block out the illumination. The circuit court found there was insufficient evidence for a jury to find a private nuisance, set the jury’s verdict aside, and entered judgment in favor of defendant.

Holding
The Court affirmed the circuit court's judgment to set aside the trial court's judgement in favor of Blue Ink (dba Bengies) due to legally insufficient evidence to support a private nuisance claim and damages against defendant.
Disposition