county

438 P.3d 1025

Full Case Name
KILGORE COMPANIES, Appellee, v. UTAH COUNTY BOARD OF ADJUSTMENT, Appellant.
Date
02-07-2019
Court
Court of Appeals of Utah
Jurisdiction
Utah
Plaintiffs
Defendants
Incident Location
Utah County, UT
Disputed Act

Kilgore Companies applied for conditional use of two 65-foot silos. The Utah County Board of Adjustment denied the application due to degradation of adjacent property values and lack of showing that the application would not degrade public health, safety, or welfare. Kilgore challenged the 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 Kilgore's petition and set aside the Board's denial.

851 N.E.2d 962

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

85 Va. Cir. 15

Full Case Name
Lynn Oliver et al. v. Loudoun County Board of Supervisors, Branch Banking & Trust Co., and Glynn Tara Estates, L.L.C.
Date
12-02-2011
Court
Loudoun County Circuit Court
Jurisdiction
Virginia
Plaintiffs
Defendants
Incident Location
Aldie, Loudoun County, Virginia
Disputed Act

County purchased two lots of land from developer to build a fire and rescue station. Residential neighbors brought action for equitable servitude and injunctive relief, citing expectation of development plots being reserved for residential-use only and the development of a fire and rescue station would cause harm through increased traffic, noise, and light pollution.

Holding
The Court found that the County had proper notice that the development plots were restricted to residential use and therefore enjoined the County from using the property from non-single family residential purposes.
Disposition

302 S.W.3d 754

Full Case Name
STATE of Missouri, ex rel. KARSCH, et al., Appellants, v. CAMDEN COUNTY, Missouri, Board of Adjustment, Respondent
Date
01-27-2010
Court
Missouri Court of Appeals
Jurisdiction
Missouri
Plaintiffs
Defendants
Incident Location
Camden County, MO
Disputed Act

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

Holding
The Board did not err in denying application for conditional use permit.
Disposition