county

D. Frederick, P. Hagaman, and B. Taylor v. Allegheny Twp. ZHB v. CNX Gas Company, LLC. v. Allegheny Twp. v. J.H. Slike and A.E. Slike, Northmoreland Farms LP v. M. Golembeiwski

Full Case Name
Dolores FREDERICK, Patricia Hagaman, and Beverly Taylor, Appellants v. ALLEGHENY TOWNSHIP ZONING HEARING BOARD v. CNX Gas Company, LLC v. Allegheny Township v. John H. Slike and Anne E. Slike, Northmoreland Farms LP v. Michael Golembeiwski and Lisa Golembeiwski, John P. Brunner, II, Esq., Jeffrey and Sheila Brunner, Miller Niksic, Joanne Resh, Richard and Patricia Trumble, Michael and Jacalyn Schumaker
Description

Residential neighbors challenged ordinance which allowed oil and gas operations and permit issued for a gas well nearby pursuant to the ordinance. The Court held that landowners failed to establish that natural gas drilling was incompatible within the zoning district or that the ordinance violated Environmental Rights Amendment to Pennsylvania Constitution; Zoning board was not required to perform pre-enactment environmental studies.

Date
10-26-2018
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Allegheny Township, PA
Disputed Act

Residential neighbors challenged zoning ordinance which allowed oil and gas operations and permit issued for a gas well nearby pursuant to the ordinance. Some of the objections of the neighbors were that the zoning ordinance did not adeuately protect the local water supply, limit noise, or reduce light pollution.

Holding
The Court held that landowners failed to establish that natural gas drilling was incompatible within the zoning district or that the ordinance violated Environmental Rights Amendment to Pennsylvania Constitution; Zoning board was not required to perform pre-enactment environmental studies.
Disposition

Katherine's Bay, LLC v. Fagan

Full Case Name
KATHERINE'S BAY, LLC, Intervenor, Appellant, v. Ronald J. FAGAN and Citrus County, Appellees
Description

The Court vacated the Administration Commission decision, finding that reliance in part on neighboring landowner's layperson testimony regarding potential increase of traffic, litter, noise, and light pollution coming from the Recreational Vehicle Park/Campground was not considered substantial evidence. The Court also found that the County's ordinance amending the zoning plan did not make the zoning plan "internally inconsistent." The Court remanded the case to the Administration Commission for reinstatement of the ordinance allowing the Recreational Vehicle Park/Campground as an amended part of the County's zoning plan.

Date
12-14-2010
Court
Florida District Court of Appeal
Jurisdiction
Florida
Plaintiffs
Defendants
Incident Location
Citrus County, FL
Disputed Act

Developer sought to rezone property to Recreational Vehicle Park/Campground (RVP) and in response the County adopted an ordinance to amend the zoning plan. Neighboring property owner challenged the rezoning ordinance, citing potential increase of traffic, litter, noise, and light pollution. Administrative Law Judge (ALJ) ruled that the County's rezoning of property to include the RVP was invalid because it rendered the zoning plan "internally inconsistent." The Administration Commission adopted the ALJ's ruling.

Holding
The Court vacated the Administration Commission decision, finding that reliance in part on neighboring landowner's layperson testimony regarding potential increase of traffic, litter, noise, and light pollution coming from the Recreational Vehicle Park/Campground was not considered substantial evidence. The Court also found that the County's ordinance amending the zoning plan did not make the zoning plan "internally inconsistent." The Court remanded the case to the Administration Commission for reinstatement of the ordinance allowing the Recreational Vehicle Park/Campground as an amended part of the County's zoning plan.
Disposition

Board of Regents of the University of Wisconsin v. Dane County Board of Adjustment

Full Case Name
Board of Regents of the University of Wisconsin, Plaintiff-Respondent, v. Dane County Board of Adjustment, Defendant, Town Board of Montrose, Laura Dulski, and Bill Warner, Intervenors-Appellants
Description

The Court affirmed the Circuit Court's order reversing the Dane County Board of Adjustment's decision to deny the University of Wisconsin-Madison the ability to build a build a radio station tower. The Court found that the University of Wisconsin-Madison's radio station tower is a "governmental use" so it meets the requirements of conditional use permit in the A-1 Agriculture District Exclusive under the Dane County Zoning Ordinance.

Date
08-31-2000
Court
Wisconsin Court of Appeals
Jurisdiction
Wisconsin
Defendants
Incident Location
Montrose, Wisconsin
Disputed Act

A landowner applied to the Dane County Board of Adjustment (BOA) for a conditional use permit in the A-1 Agriculture District Exclusive under the Dane County Zoning Ordinance to build a radio station tower for the University of Wisconsin-Madison's use. The Town of Montrose and individuals within the town appealed to the BOA that the proposed tower was not government use and alleging that it would be not in keeping with the statutory requirements for A-1 Exclusive Districts because of its size, obtrusiveness, lights, and other features. The BOA determined that a tower for a University of Wisconsin-Madison student-run radio station was not "governmental use" because the testimony failed to show that operation of such a radio station by the University of Wisconsin "is an integral part of its educational mission."

Holding
The Court affirmed the Circuit Court's order reversing the Dane County Board of Adjustment's decision to deny the University of Wisconsin-Madison the ability to build a build a radio station tower. The Court found that the University of Wisconsin-Madison's radio station tower is a "governmental use" so it meets the requirements of conditional use permit in the A-1 Agriculture District Exclusive under the Dane County Zoning Ordinance.
Disposition

Powell v. County of Humboldt

Full Case Name
SCOTT POWELL et al., Plaintiffs and Appellants, v. COUNTY OF HUMBOLDT, Defendant and Respondent
Description

The Court found that the proposed overflight easement of plaintiffs' property, granting Humboldt County the right to, among other things, "regulate or prohibit light emissions that might interfere with pilot vision" as a condition for plaintiffs obtaining a building permit to make "minor alterations to their residence," did not as a matter of law effect a taking under Fifth Amendment jurisprudence or California law, and the plaintiffs failed to come forward with evidence sufficient to establish the practical effect of the easement was to bring about such a taking. The Court dismissed the case.

Date
01-16-2014
Court
Court of Appeal of the State of California
Jurisdiction
California
Plaintiffs
Defendants
Incident Location
Humboldt County, CA
Disputed Act

Plaintiffs, whose property is located within a zone over which aircraft from Arcata-Eureka Airport routinely fly, challenge the constitutionality of a Humboldt County general plan requirement that they provide an aircraft overflight easement as a condition for obtaining a building permit to make minor alterations to their residence, arguing that the easement requirement constitutes a taking of their property without payment of just compensation. The overflight easement grants the County the right to, among other things, "regulate or prohibit light emissions that might interfere with pilot vision."

Holding
The Court held that provisions of an overflight easement regulating or prohibiting the plaintiffs' release of substances into the air, as well as light and electrical emissions from their property, did not constitute a taking. The Court found that the overflight easement did not as a matter of law effect a taking of the plaintiffs' private property or airspace
under Fifth Amendment jurisprudence or California law, and the plaintiffs failed to come
forward with evidence sufficient to either establish the practical effect of the easement
was to bring about such a taking, or to demonstrate there are triable issues of material fact
with respect to that question.
Disposition

Irshad Learning Center v. County of DuPage

Full Case Name
IRSHAD LEARNING CENTER, Plaintiff, v. COUNTY OF DUPAGE, Defendant
Description

Institution purchased property to build a structure for religious and educational activities. Neighbors objected based on noise and light pollution concerns. Institution alleged religious discrimination after County denied the permit. Institution and County both moved for summary judgment. Court found no evidence to support a denial based on impact on adjacent properties. Court also found no evidence that permit was denied on religious grounds; however, the denial substantially burdened the plaintiff's religious exercise. Court found that the denial was arbitrary.

Date
03-29-2013
Court
United States District Court for the Northern District of Illinois
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
DuPage County, IL
Disputed Act

Religious and educational institution purchased property with the intent to build a structure at which to conduct its regular activities. Neighbors objected based on noise and light pollution concerns. Institution alleged religious discrimination after County denied the conditional use permit for the property. Institution and County both moved for summary judgment.

Holding
The Court found there is no evidence to support a denial based on impact on adequate supply of light or air to adjacent properties. The Court also found no evidence that the permit was denied on religious grounds; however, the denial substantially burdened the plaintiff's religious exercise. Finally, the Court found that the denial was arbitrary because it did not comply with relevant zoning criteria.

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

Arthur Land Co., LLC v. Otsego County

Full Case Name
ARTHUR LAND COMPANY, LLC v. OTSEGO COUNTY
Description

Property owner sought to rezone land from residential to business. Application was denied by County Board of Commissioners due to potential adverse effects. The court held that the property owner was entitled to de novo review by trial court.

Date
02-08-2002
Court
Michigan Court of Appeals
Jurisdiction
Michigan
Plaintiffs
Defendants
Incident Location
Ostego County, MI
Disputed Act

Property owner sought to rezone property from residential to business to build service/gas station and was denied by County Board of Commissioners due to increased traffic, noise, and light pollution concerns. Property owner filed complaint alleging violation of substantive due process and confiscatory taking.

Holding
Court of Appeals held that property owner was entitled to de novo review by trial court.
Disposition

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