individual

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

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

Adams v. United States

Full Case Name
Ardell ADAMS, et al. v. The UNITED STATES
Description

The Court found that plaintiffs may be entitled to compensation because they were unable to develop their land residentially due to an avigation easement restricting the light, height of structures, smoke, and electrical emissions coming from their land for the purpose of ensuring a safe flight path for aviators taking off and landing at the Hill Air Force Base in Utah. The Court remanded the case to the trial division to determine which tracts of land had been subjected to the easement by the United States and to calculate the correct amount of compensation.

Date
05-19-1982
Court
United States Court of Claims
Jurisdiction
United States
Plaintiffs
Incident Location
Davis County, UT
Disputed Act

Plaintiffs, owners of land near Hill Air Force Base, Utah, brought suit against the United States for compensation due to an avigation easement restricting the light, height of structures, smoke and electrical emissions coming from their land for the purpose of ensuring a safe flight path for aviators taking off and landing at the Air Force Base.

Holding
The Court held that plaintiffs may be entitled to compensation because they were unable to develop their land residentially due to the avigation easement by the United States. The Court remanded the case to the trial division to determine which tracts of land had been subjected to the easement and to calculate the correct amount of compensation.
Disposition

Lindquist v. City of Pasadena

Full Case Name
James and Sandra LINDQUIST, Plaintiffs, v. The CITY OF PASADENA, TEXAS, Defendant
Description

The City's Motor Vehicle Dealers Ordinance set boundaries about how close used-car dealerships can be to residential areas in order to curb any detrimental effects on the surrounding residential communities, including nighttime glare and light pollution. The plaintiffs, owners of a used-car dealership, sued the City for denying their dealership's license, alleging an equal protection claim against the City for treating their dealership differently than others. The Court found there was not sufficient evidence for an equal protection claim and dismissed the case.

Date
09-10-2009
Court
United States District Court for the Southern District of Texas
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
Pasadena, TX
Disputed Act

The City amended its Motor Vehicle Dealers Ordinance, which required used-car dealers to obtain a license for each location at which they sell cars and set boundaries about how close used-car dealerships can be to residential areas. The Ordinance stated in its preamble that its purpose was to curb any detrimental effects on the surrounding residential communities, including nighttime glare and light pollution. The City denied the plaintiffs a license under the amended Ordinance, the plaintiffs appealed, and the City denied that appeal. The plaintiffs sued the City, alleging that the denial of their license-application appeal violated the Due Process and Equal Protection Clauses of the United States and Texas Constitutions.

Holding
The Court found that the plaintiffs "failed to show that the City exercised unbridled discretion in refusing their appeal" while granting others' appeals and that they "failed to raise a genuine fact issue material to determining whether the City intentionally treated them differently from other similarly situated persons without a rational basis." The Court found that even if the City did not follow all the Ordinance requirements, it followed the purpose of the Ordinance. The Court dismissed the case.
Disposition

Scott v. City of Buffalo

Full Case Name
Keith H. Scott, Sr., et al., Petitioners, v. City of Buffalo et al., Respondents
Description

The plaintiffs filed suit against the City of Buffalo for a preliminary injunction to enjoin the City of Buffalo from taking any actions toward approval or action upon the agreement about the land sale to the Seneca Nation of Indians for the building of a casino, alleging that an appropriate environmental review was not undertaken, and citing concerns about increased traffic, air pollution, light pollution, and noise from the construction of the casino. The Court denied the plaintiffs' motion for a preliminary injunction.

Date
11-09-2006
Court
New York Supreme Court
Jurisdiction
New York
Plaintiffs
Defendants
Incident Location
Buffalo, NY
Disputed Act

Plaintiffs either live or work within 2 blocks of land purchased by the Seneca Nation of Indians (the Nation) from the City of Buffalo for the development of a gaming casino. The plaintiffs filed suit against the City of Buffalo for a preliminary injunction to enjoin the City from taking any actions toward approval or action upon the agreement about the land sale to the Nation for the building of a casino, alleging that an appropriate environmental review was not undertaken, and cited concerns about increased traffic, air pollution, light pollution, and noise from the construction of the casino.

Holding
The Court denied the plaintiffs' motion for a preliminary injunction against the City of Buffalo. Specifically, the Court found that the the plaintiffs had failed to demonstrate likelihood of success on the merits, irreparable injury or that the balance of equities favored them.
Disposition

Dewberry v. Kulongoski

Full Case Name
Susan DEWBERRY, Carole Holcombe, Suzanne Danielson, Arnold Buchman, Don Heath, and Dale Schaffner, Plaintiffs, v. The Honorable Theodore R. KULONGOSKI, Governor of the State of Oregon, Other Executive Officers in the State of Oregon, and the Confederated Tribes of Coos, Umpqua, and Siuslaw Indians, Defendants
Description

A group of individual plaintiffs challenged the validity of the gaming compact entered into by the State of Oregon and the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (the Tribes), which allowed development of the Hatch Tract by the Tribes for gaming purposes. The Court held that the plaintiffs lacked standing and dismissed the case.

Date
12-21-2005
Court
United States District Court for the District of Oregon
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
Florence, Oregon
Disputed Act

A group of individual plaintiffs challenged the validity of the gaming compact entered into by the State of Oregon and the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (the Tribes), which allowed development of the Hatch Tract by the Tribes for gaming purposes. The plaintiffs alleged that they would be harmed by the Tribes' casino on the Hatch Tract through higher taxes, reduced property values, increased traffic congestion, increased air, noise and light pollution, and the detrimental effect on local businesses.

Holding
The District Court held that the plaintiffs lacked standing to challenge the Tribes' right to conduct gaming under the State of Oregon's gaming compact. The Court further held that the Tribes had not waived their sovereign immunity and had not consented to the suit. The Court dismissed the case.
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

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