Other Governmental Entity

City of Chula Vista v. Superior Court

Full Case Name
CITY OF CHULA VISTA, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; CALIFORNIA COASTAL COMMISSION, Real Party in Interest
Description

The Court found that substantial evidence supported the decision of the California Coastal Commission to disapprove the City's plan, which would have allowed excessive light pollution from economic development to endanger native species in the coastal zone.

Date
07-02-1982
Court
Court of Appeals of the State of California
Jurisdiction
California
Plaintiffs
Incident Location
Chula Vista, CA
Disputed Act

The City of Chula Vista formulated a development plan for its bayfront. The California Coastal Commission found the City's plan to be in conflict with the California Coastal Act, which required local governments within coastal zones to develop plans that would protect coastal resource areas. Specifically, the California Coastal Commission found that excessive light pollution from the city's proposed development would adversely impact native species in the costal zone.

Holding
The Court found that substantial evidence supported the decision of the California Coastal Commission to disapprove the City's plan to comply with the California Coastal Act, and denied the City's petition for writ of mandamus. This left in place the Superior Court's decision entering judgment in favor of the California Coastal Commission. The California Coastal Comission had refused approval of the City's plan that would have allowed excessive light pollution from economic development to endanger native species in the coastal zone.
Disposition

OLENEC v. National Marine Fisheries Service

Full Case Name
Halcyn OLENEC; John B. Jones III; Julie Jones; Thomas Stark; Teri Stark; Larry White; Bandon Woodlands Community Association, and Oregon Coast Alliance, Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE, an agency of the National Oceanic and Atmospheric Administration; Barry A. Thom, in his official capacity as Acting Regional Administrator; United States Army Corps of Engineers, an agency of the Department of the Army; and Robert L. Van Antwerp Jr., Lt. General in his official capacity as the Chief of Engineers and Commanding General for the Corps; Defendants
Description

Organizations and individuals who list, visit, and recreate near the proposed mines challenged agency decisions allowing Oregon Resources Corp. (ORC) to operate chromite mines. Court found that the plaintiffs did not show the injunction would be in the public interest or that ORC did not adequately address environmental concerns.

Date
01-28-2011
Court
United States District Court for the District of Oregon
Jurisdiction
United States
Plaintiffs
Incident Location
Coos County, OR
Disputed Act

Under the APA, organizations and individuals who list, visit, and recreate near proposed mines challenged agency decisions allowing Oregon Resources Corp. to operate chromite mines; stated extraction of chromium will impact wetlands and wildlife. Plaintiffs alleged irreparable harm, including light pollution which would impact human habitation.

Holding
The Court found that the organizations and individuals did not show that their Motion for a Temporary Restraining Order and Preliminary Injunction would be in the public interest or that ORC did not adequately address environmental concerns.
Disposition

RUTHERFORD MANAGEMENT CORP. v. TOWN OF COLUMBUS

Full Case Name
RUTHERFORD MANAGEMENT CORP., Plaintiff, v. TOWN OF COLUMBUS, Defendant.
Description

The Court affirmed the trial court's conclusion that the plaintiff's illuminated sign does not violate the Town's ordinance because "the mere fact that the LEDs necessarily flash or move at the moment the sign is changing its advertising copy cannot be considered a violation of the other provisions of the ordinance" which prohibit flashing lights on signs. The Court reversed the trial court's order "to the extent it directs the Town to issue a permit for the sign without any limitations" and remanded the matter to the trial court.

Date
01-04-2005
Court
North Carolina Court of Appeals
Jurisdiction
North Carolina
Plaintiffs
Incident Location
Polk County, NC
Disputed Act

The plaintiff company failed to obtain a permit from the Town of Columbus prior to installing a new sign for its McDonald's Restaurant. The Township sent the company a Notice of Violation because it's sign violated the Town's sign ordinance by using "flashing and intermittent lights to display its messages."

Holding
The Court affirmed the trial court's conclusion that the plaintiff's illuminated sign does not violate the Town's ordinance because "the mere fact that the LEDs necessarily flash or move at the moment the sign is changing its advertising copy cannot be considered a violation of the other provisions of the ordinance" that prohibit flashing lights. The Court reversed the trial court's order "to the extent it directs the Town to issue a permit for the sign without any limitations" and remanded the matter to allow the trial court to decide which features of the sign should be precluded as a condition of plaintiff obtaining a permit.

Haaf v. Zoning Hearing Board

Full Case Name
Ralph D. HAAF, John J. Angelino and Diane M. Angelino, Robert C. Rupp, George D. Haaf, II, and Tamilee Haaf, and David Musselman v. The ZONING HEARING BOARD OF the TOWNSHIP OF WEISENBERG. Appeal of ADAMS OUTDOOR ADVERTISING, LTD., Appellant
Description

The Court reversed the the trial court's order denying plaintiff's appeal from the Zoning Hearing Board's decision to revoke plaintiff's building permit for its billboard, finding that the objectors' appeal from the issuance of the building permit for the plaintiff's sign was untimely filed. The Court affirmed the trial court's finding that plaintiff waived its right to pursue a challenge to the constitutional validity of the Zoning Ordinance when plaintiff entered into a compromise agreement with the Zoning Hearing Board regarding the billboard's lighting restrictions, position, height, size and number of advertising faces.

Date
05-21-1993
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Incident Location
Lehigh County, PA
Disputed Act

The plaintiff company, Adams Outdoor Advertising, Ltd. (Adams), filed an application with the Zoning Hearing Board of the Township of Weisenberg (the Board) for a building permit to erect an off-premises advertising sign. The Board denied Adams' application because it was in violation of the Zoning Ordinance in terms of both its height and off-premises status. After Adams appealed to the Board, the Board granted Adams a variance for the sign and the Board issued Adams a permit, which limited the time period for illumination of the lights on the sign from between 6pm to 11pm. Upon objectors filing an appeal to the Board's permit, challenging the sign's height, the Board then revoked the permit for Adams' sign, and Adams appealed the Board's decision.

Holding
The Court reversed the the trial court's order denying plaintiff's appeal from the Zoning Hearing Board's decision to revoke plaintiff's building permit for its billboard, finding that the objectors' appeal from the issuance of the building permit for the plaintiff's sign was untimely filed. The Court affirmed the trial court's finding that plaintiff waived its right to pursue a challenge to the constitutional validity of the Zoning Ordinance when plaintiff entered into a compromise agreement with the Zoning Hearing Board regarding the billboard's lighting restrictions, position, height, size and number of advertising faces.

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

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

Grand Canyon Trust v. Williams

Full Case Name
GRAND CANYON TRUST, et al., Plaintiffs, v. Michael WILLIAMS, et al., Defendants
Description

The Court found that plaintiffs failed to establish a violation under the National Environmental Policy Act by the United States Forest Service for re-opening the "Canyon mine, and that the plaintiffs lacked standing to assert that the "valid existing rights determination" by the Forest Service failed to consider all relevant cost factors. The Court dismissed the case.

Date
04-07-2015
Court
United States District Court for the District of Arizona
Jurisdiction
United States
Incident Location
Coconino County, AZ
Disputed Act

Plaintiffs sought declaratory and injunctive relief to stop the United States Forest Service from re-opening the "Canyon Mine" in Northern Arizona, alleging that the Forest Service violated the National Environmental Policy Act and that the "valid existing rights determination" by the Forest Service failed to consider all relevant cost factors. Plaintiff's concerns about the re-opening of the mine involve environmental and historical impacts of the mine on Indigenous land surrounding the mine, as well as dust, truck traffic, light pollution and noise.

Holding
The Court found that plaintiffs failed to establish a violation under the National Environmental Policy Act by the United States Forest Service for re-opening the "Canyon mine, and that the plaintiffs lacked standing to assert that the "valid existing rights determination" by the Forest Service failed to consider all relevant cost factors. The Court dismissed the case.
Disposition

State v. Bureau of Land Mgmt.

Full Case Name
STATE of California, et al., Plaintiffs, v. BUREAU OF LAND MANAGEMENT, et al., Defendants. Sierra Club, et al., Plaintiffs, v. Ryan Zinke, in his official capacity as Secretary of the Interior, et al., Defendants.
Description

The District Court granted the plaintiffs' motion for a preliminary injunction enjoining the United States Bureau of Land Management from instituting the Suspension Rule regarding the Waste Prevention, Production Subject to Royalties, and Resourse Conservation Rule.

Date
02-22-2018
Court
United States District Court for the Northern District of California
Jurisdiction
United States
Incident Location
N/A
Disputed Act

The States of California and New Mexico sought to enjoin the United States Bureau of Land Management (BLM) from instituting a rule suspending or delaying (the Suspension Rule) the requirements of the Waste Prevention, Production Subject to Royalties, and Resourse Conservation Rule. A coalition of 17 conservation and tribal citizen groups also brought suit seeking the same preliminary injunction against BLM. The two cases were consolidated for review. Plaintiffs argued that without a preliminary injunction of the Suspension Rule, "they will suffer irreparable harm in the form of waste of publicly-owned natural gas, increased air pollution and related health impacts, exacerbated climate harms, and other environmental injury such as noise and light pollution."

Holding
The District Court granted the plaintiffs' motion for a preliminary injunction enjoining the United States Bureau of Land Management from instituting the Suspension Rule in regards to the requirements of the Waste Prevention, Production Subject to Royalties, and Resourse Conservation Rule. Specifically, the Court found that the Bureau of Land Management lacked in its reasoning using the Suspension Rule regarding the requirements of the Waste Prevention, Production Subject to Royalties, and Resourse Conservation Rule. Further, the Court found that the plaintiffs showed they would suffer irreparable injury "caused by the waste of publicly owned natural gas, increased air pollution and associated health impacts, and exacerbated climate impacts."
Disposition

City of Airway Heights v. Eastern Washington Growth Management Hearings Board

Full Case Name
The City of Airway Heights, Respondent, v. The Eastern Washington Growth Management Hearings Board, Defendant, Spokane County et al., Appellants, Brigitta Archer, Respondent; Brigitta Archer, Respondent, v. The Eastern Washington Growth Management Hearings Board, Defendant, Spokane County et al., Appellants
Description

The Court affirmed the conclusion of the Eastern Washington Growth Management Hearing Board (GMHB) that Airway Height's ordinances allowing residential development near the city's airforce base violated Washington State's Growth Management Act (GMA). The court adopted the GMHB’s definition of “incompatible development” as a “development that is incompatible with a military installation's ability to carry out its current or future missions.”

Date
04-12-2016
Court
Washington Court of Appeals
Jurisdiction
Washington
Plaintiffs
Incident Location
Airway Heights, Washington
Disputed Act

The 2009 Fairchild Air Force Base Joint Land Use Study (JLUS) was a voluntary collaborative planning effort between local communities, federal officials, residents, business owners, and the military. The JLUS identified residential development near military airport bases as concerning because it brought objections from residents about safety, noise, and light pollution, which endangered the long term viability of the military airport bases. Washington State also had passed a statute, Washington State's Growth
Management Act, which aligns with the conclusions of the JLUS study. The City of Airway Heights adopted ordinances to approve residential development near the local Airforce Base. The Eastern Washington Growth Management Hearing Board invalidated the ordinances because it found they violated the Washington State's Growth Management Act.

Holding
The Court affirmed the conclusion of the Eastern Washington Growth Management Hearing Board (GMHB) that Airway Height's ordinances allowing residential development near the airforce base violated Washington State's Growth Management Act. However, the Court reversed the lower court's agreement with some of the findings of the Eastern Washington Growth Management Hearing Board. Since the Court affirmed one of the three reasons on which the GMHB invalidated the challenged ordinances, the Court concluded that it also affirmed the result of GMHB' s decision and order invalidating the City's ordinances.

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