Justia Government & Administrative Law Opinion Summaries

Appellants Patrick and Pamela Lutz (“Homeowners”) owned a single-family, detached home on a half-acre lot along Kesslersville Road in Plainfield Township, Northampton County, Pennsylvania. The property was located in a farm and forest district under the township’s zoning code. Single-family dwellings were permitted in that district but, per the zoning code, they are subject to setback requirements. Homeowners decided to add onto the back of their home. The design called for an addition to extend to the building envelope in the back: to 50 feet shy of the rear property line, with a raised, covered deck extending 18 feet into the rear setback area. When Homeowners submitted their plan to the township for approval, the zoning officer sent them written notice that the deck would not be allowed because it intruded into 50-foot setback area. He observed Homeowners could seek relief from the zoning hearing board (the “Board”) in the form of a dimensional variance. The Pennsylvania Supreme Court allowed appeal to consider whether the Commonwealth Court correctly applied its standard of appellate review relative to the grant of a dimensional zoning variance. The Pennsylvania Supreme Court was evenly divided; by operation of law, the Commonwealth Court’s judgment was thus affirmed. View "Kneebone v. Lutz" on Justia Law

Fraser Township filed a complaint against Harvey and Ruth Ann Haney, seeking a permanent injunction to enforce its zoning ordinance and to prevent defendants from raising on their commercially zoned property, hogs or other animals that would violate the zoning ordinance, to remove an allegedly nonconforming fence, and to plow and coat the ground with nontoxic material. Defendants brought a hog onto their property as early as 2006, and defendants maintained hogs on their property through the time this lawsuit was filed in 2016. Defendants moved for summary disposition, arguing that plaintiff’s claim was time-barred by the six-year statutory period of limitations in MCL 600.5813. The trial court denied the motion, concluding that because the case was an action in rem, the statute of limitations did not apply. The Court of Appeal reversed, finding that the statute of limitations applied. Finding that the appellate court erred in concluding the statute of limitations applied, the Michigan Supreme Court reversed and reinstated the trial court's order denying defendants' motion for summary judgment. View "Township of Fraser v. Haney" on Justia Law

The Supreme Court reversed the judgment of the district court dismissing Appellants' petition for review of a decision of the Board of County Commissioners, Lincoln County under Wyo. R. App. P. 12 and Wyo. Stat. Ann. 16-3-114, holding that the district court abused its discretion by sanctioning Appellants with dismissal of their petition for review.The district court dismissed Appellants' petition, determining that Wyo. R. App. P. 2.06 required a transcript to be filed within sixty days of the filing of the petition for review of agency action and that no transcript was filed. The Supreme Court reversed, holding (1) the district court misstated and misapplied Rule 2.06; (2) the Board failed to transmit the record as required by Rule 12.07; and (3) because the Board, not Appellants, had the responsibility to transmit the entire record to the district court, the court abused its discretion by dismissing the action. View "Depiero v. Board of County Commissioners, Lincoln County" on Justia Law

The Supreme Court upheld the action of the Deuel County Board of Adjustment (Board) unanimously approving the application filed by Crowned Ridge Wind II, LLC for a special exception permit (SEP) to construct and operate a wind energy system (WES) in Deuel County, holding that there was no error.In 2004, the Deuel County Board of County Commissioners adopted the Deuel County Zoning Ordinance, which created the Board and authorized it to decide requests for "special exceptions" from zoning standards. In 2018, Crowned Ridge sought an SEP from the Board for the construction and operation of a WES with up to sixty-eight wind turbines to be build on property zoned for agricultural use. The Board granted the SEP, and the circuit court upheld the decision. The Supreme Court affirmed, holding (1) the ordinance complied with the statuary requirements of S.D. Codified Laws 11-2-17.3, and therefore, the Board acted within its jurisdiction by considering crowned Ridge's application for an SEP; (2) the Board acted within the requirements of the ordinance and S.D. Codified Laws chapter 11-2; and (3) as to Appellants, landowners in Deuel County, the Board did not illegally grant an easement over Appellants' property, nor did the ordinance violate due process. View "Ehlebracht v. Deuel County Planning Commission" on Justia Law

The Supreme Court affirmed the judgment of the circuit court affirming the decision of the South Dakota Public Utilities Commission (PUC) approving the application filed by Crowned Ridge Wind II, LLC for a permit to construct a large-scale wind energy farm in northeast South Dakota, holding that there was no error.Several individual intervened in this case and objected to Crowned Ridge's application. After an evidentiary hearing, the PUC voted unanimously to approve Crowned Ridge's permit. The circuit court affirmed the issuance of the permit. The Supreme Court affirmed, holding that the intervenors failed to raise any meritorious issues upon which the PUC's final decision and order may be reversed or modified. View "Ehlebracht v. Crowned Ridge Wind II, LLC" on Justia Law

The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Spink County Board of Adjustment (Board) to deny the application filed by Arrow Farms RE, LLC for a conditional use permit (CUP) for a concentrated animal feeding operation (CAFO), holding that there was no error.Preston Miles, who owned the land where Arrow Farms planned to build the CAFO, petitioned for a writ of certiorari, arguing that the Board's decision was arbitrary and that several Board members were biased or held an unreasonable risk of bias. The circuit court affirmed the denial of the CUP, determining that none of the Board members had a disqualifying interest. The Supreme Court affirmed, holding that Miles was not entitled to relief on his allegations. View "Miles v. Spink County Board of Adjustment" on Justia Law

The Supreme Court reversed the judgment of the trial court sustaining Plaintiff's appeal from the decision of the Board of Representatives of the City of Stamford rejecting a zoning amendment approved by the Zoning Board of the City of Stamford, holding that the board of representatives did not have the authority to determine the validity of the petition.Local property owners filed a protest petition opposing the amendment. After determining that the protest petition was valid, the board of representatives considered and rejected the amendment. The trial court sustained Plaintiff's appeal, concluding that the board of representatives did not have the authority to consider whether the petition was valid. The Supreme Court reversed, holding (1) the trial court did not err in concluding that the board of representatives did not have the authority to determine the validity of the protest petition; but (2) the petition was valid because it contained the requisite number of signatures. View "High Ridge Real Estate Owner, LLC v. Board of Representatives" on Justia Law

The Town of Sheldon appealed a hearing officer’s valuation of the subject property, a hydroelectric generating facility, as of April 1, 2019. It challenged the hearing officer’s application of the Income Approach to determine the property’s fair market value and his rejection of the Town’s Direct Sale Comparison approach. The Town essentially argued that the hearing officer’s findings were insufficient to support his conclusions. Finding no reversible error, the Vermont Supreme Court affirmed the valuation. View "Missisquoi Assoc. Hydro c/o Enel Green Power v. Town of Sheldon" on Justia Law

This case arose out of a dispute over provisions in a written contract for sewer drainage and treatment services between Groveland Water and Sewer District (“GWSD”) and the City of Blackfoot (“the City”). Individuals living outside city limits, or entities located outside city limits, but within GWSD, were required to sign a “consent to annex” form in order for the City to agree to connect them to sewer services. The dispute ultimately made its way to district court, where GWSD alleged that the City’s requirement violated GWSD’s jurisdictional sovereignty under Idaho Code section 42-3212. GWSD’s complaint against the City sought: (1) a declaratory judgment; (2) a finding of anticipatory breach of contract; and (3) injunctive relief. On motions from the parties, the district court granted GWSD’s request for preliminary injunction and for partial summary judgment on the anticipatory breach claim. After further motions, the district court granted summary judgment to GWSD on the remaining claims. The City appeals. Finding no reversible error, the Idaho Supreme Court affirmed the district court’s decisions. View "Groveland Water and Sewer Dist v. City of Blackfoot" on Justia Law

Stephan Byrd and Erika Mullins jointly filed an application for an encroachment permit with the Idaho Department of Lands to add boat lifts to their existing two-family dock on Priest Lake. Neighbors Cal Larson and Steven Coffey objected the application, arguing that Coffey owned a strip of land between the ordinary high water mark of Priest Lake and the waterward boundary lines of the Appellants’ properties. Following an administrative hearing, the Department of Lands denied the encroachment permit upon concluding that the record failed to show by a preponderance of the evidence that Byrd and Mullins were littoral property owners with corresponding littoral rights (a key requirement to build or enlarge encroachments on the lake under Idaho’s Lake Protection Act). Finding no reversible error in that finding, the Idaho Supreme Court affirmed the district court's judgment upholding the Department's order. View "Byrd v. Idaho State Brd. of Land Commissioners" on Justia Law