individual

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

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

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

Paulson v. Rankart

Full Case Name
Michael PAULSON, Appellant, v. Sarah RANKART, Appellee.
Description

Neighbor complained to code enforcement about property owner's outdoor lighting. Property owner sought stalking injunction in response. Court ruled evidence did not support willful and malicious conduct to support stalking injunction.

Date
07-11-2018
Court
District Court of Appeal of Florida, First District
Jurisdiction
Florida
Plaintiffs
Defendants
Incident Location
Port St. Joe, FL
Disputed Act

Property owner sought stalking injunction against neighbor. Neighbor complained to code enforcement about property owner's outdoor lighting and barking dogs.

Holding
Evidence did not support finding that neighbor willfully and maliciously engaged in conduct to support stalking injunction
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

Oliver v. Loudoun County Board of Supervisors

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, VA; Loudoun County, VA
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

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

Kee v. Pennsylvania Turnpike Commission

Full Case Name
Robert J. KEE, Ruth E. Kee, Ruth Mixell, Keith S. Koegel, Cynthia A. Koegel, Morgan B. Price and Darcie E. Frye, Petitioners, and Township of West Pennsboro, Intervenor Petitioner, v. PENNSYLVANIA TURNPIKE COMMISSION, Respondent
Description

Neighboring residents objected and filed complaint against Pennsylvania Turnpike Commission (Commission) for plans to expand the Plainfield Service Plaza without conducting an environmental impact study. Court held that the Commission was potentially required to conduct an environmental impact study under the Clean Streams Law. The Court overruled the Commission's preliminary objections to the complaint and remanded the case to the trial court.

Date
11-20-1996
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Plainfield, PA; West Penns-boro Township, PA
Disputed Act

Pennsylvania Turnpike Commission sought to expand the Plainfield Service Plaza. Neighboring residents objected and filed complaint due to failure to consider or study impacts of increased noise, air, and light pollution on the residential area caused by increased traffic and light towers. Commission filed preliminary objections.

Holding
Court overruled the Pennsylvanis Turnpike Commission's preliminary objections and held that the Commission was potentially required to conduct environmental impact study under Clean Streams Law. The Court remanded the case to the lower court.
Disposition