Justia Government & Administrative Law Opinion Summaries

Plaintiff-landowner Donald Gould appealed three superior court rulings pertaining to the Town of Monkton’s new zoning regulations. Landowner alleged that the new zoning regulations under a "UPD" or "Unified Planning Document" interfered with his long-held development plans and reduced the potential economic return on his property in Monkton. On appeal of the superior court's rulings, plaintiff argued that the trial court erred by finding: (1) that it had no jurisdiction to hear a declaratory judgment action seeking to invalidate the new zoning regulations; (2) that landowner had no due process interest in the process by which zoning regulations were adopted; and (3) that landowner had no due process property interest in the application of the previous zoning regulations. Finding no reversible error, the Vermont Supreme Court affirmed. View "Gould v. Town of Monkton" on Justia Law

Zia Shadows, LLC operated a mobile-home park in Las Cruces, New Mexico, under a special-use permit from the City. In late 2000, a dispute over water-rights fees arose between Zia Shadows and the City, and principal Alex Garth protested these fees and lodged written and oral complaints with the City Council. This appeal arose out of that zoning dispute. Zia Shadows and its principals, Alex and William Garth (collectively, Zia Shadows), filed suit in federal district court, alleging the City’s delays in approval of a zoning request (and the conditions ultimately attached to the approval) violated Zia Shadows’ rights to due process and equal protection. Zia Shadows also alleged the City’s actions were taken in retaliation for Zia Shadows’ public criticisms of the City. The district court granted summary judgment to the City on Zia Shadows’ due-process and equal-protection claims, and a jury found in favor of the City on Zia Shadows’ First Amendment retaliation claim. Zia Shadows argued on appeal to the Tenth Circuit: (1) that the district court erred in granting summary judgment; (2) the district court abused its discretion both in its instruction of the jury and its refusal to strike a juror; and (3) the jury’s verdict was against the clear weight of the evidence. After review, the Tenth Circuit affirmed the district court’s judgment, concluding Zia Shadows failed to establish the requisite elements of its due-process and equal-protection claims and did not demonstrate reversible error in either the proceedings or verdict at trial. View "Zia Shadows, LLC v. City of Las Cruces" on Justia Law

Dynamic Development, LLC (Dynamic) sought to build a new retail store (Project) in Joshua Tree. Residents of Joshua Tree vociferously opposed the Project. They argued that it would clash with the town’s artistic, independent, and rural character; they also argued that it would cause various adverse environmental impacts, including urban decay. Nevertheless, the County of San Bernardino (County) found that an environmental impact report (EIR) was not required and approved the Project. The Joshua Tree Downtown Business Alliance (Alliance) then filed this mandate proceeding challenging the County’s approval of the Project. The trial court agreed there was substantial evidence to support a fair argument that the Project could cause urban decay; it therefore issued a writ of mandate directing the County to set aside its approval of the Project. Dynamic appealed. The Alliance cross-appealed, arguing that the trial court erred by rejecting its other contentions. After review, the Court of Appeal held that the Alliance failed to establish any grounds for a writ of mandate. Accordingly, the trial court's judgment was reversed. View "Joshua Tree Downtown Bus. Alliance v. Co. of San Bernardino" on Justia Law

Appellant, a farmer, owned Dunaway Farm and Rehfeld Farm, both of which were located within the jurisdiction of the Lower Elkhorn Natural Resources District. Beginning in 2010, Appellant used the well on Rehfeld Farm to irrigate Dunaway Farm, which was previously not irrigated. In 2013, the District ordered Appellant to cease and desist irrigating Dunaway Farm because the District’s rules prohibited use of ground water for new irrigated acres within the District’s management area without a variance. Appellant appealed using the Administrative Procedure Act (APA) and also filed a declaratory judgment action challenging the constitutionality of several of the District’s rules related to irrigation. The district court affirmed the District’s decision. The Supreme Court affirmed, holding (1) on the APA appeal, there were no errors in the district court’s judicial review of the District’s order; and (2) because the District’s rules are constitutional, the district court did not err in granting summary judgment as to Appellant’s request for a declaratory judgment. View "Lingenfelter v. Lower Elkhorn Natural Res. Dist." on Justia Law

The 2008 Sustainable Communities and Climate Protection Act (SB 375), was enacted to reduce greenhouse gas emissions. Earlier measures empowered the Air Resources Board to enact statewide mandates to reduce emissions. SB 375 empowers the Board to set targets for regional planning agencies to reduce emissions from automobiles and light trucks and requires each regional agency, after extensive planning, to develop a “sustainable community strategy” to meet those targets using regional land use and transportation policies. In 2010, the Board issued targets for the Bay Area region, calling for the Metropolitan Transportation Commission and the Association of Bay Area Governments to develop strategies that would result in per capita percentage reductions in emissions of 7 percent by 2020 and 15 percent by 2035, as compared to emissions in 2005. These reductions were to be in addition to those expected from pre-existing statewide mandates. The Agencies updated the regional transportation plan and prepared their first sustainable communities strategy, “Plan Bay Area” and approved a final environmental impact report. The Board accepted the Agencies’ determination that Plan Bay Area would meet its emission reduction targets. Citizens offered an alternative plan that counted on reductions expected from pre-existing statewide mandates and challenged the environmental impact report and the Plan aa “draconian.” The trial court, concluding that reliance on pre-existing statewide mandates to meet the regional targets would constitute improper double counting not permitted by SB 375, denied Citizens’ petition. The court of appeal affirmed. Citizens’ approach was contradicted by SB 375’s emphasis on regional innovations and legislative declarations and findings. View "Bay Area Citizens v. Ass'n Bay Area Gov'ts" on Justia Law

A county Board of Adjustment granted Developer a conditional use permit for a concentrated animal feeding operation. Petitioners challenged the Board’s decision, arguing that the Board did not have jurisdiction to grant the permit because the county had failed to validly enact the ordinance authorizing the Board to issue permits. The circuit court affirmed the Board’s decision. In so doing, the court refused to consider whether the county validly enacted the ordinance, deciding that such review would be outside the scope of Petitioners’ writ challenging the Board’s decision. The Supreme Court reversed, holding (1) Petitioners had standing to appeal the Board’s decision; and (2) the circuit court erred when it refused to consider the validity of the ordinances enacted by the county, as review in this case was not beyond the scope of the writ. View "Lake Hendricks Improvement Ass’n v. Brookings County Planning & Zoning Comm’n" on Justia Law

Jesse Lipschuetz lived next door to Open Door Ministries. Lipschuetz filed claims against the City of Denver and Open Door looking to revoke a rooming and boarding permit the City granted to Open Door. The trial court concluded the City should not have issued the permit, but stayed revocation until Open Door's cross-claims were resolved. Several months later, the trial court granted summary judgment in favor of Open Door on those cross-claims. On appeal, Lipscheutz argued Open Door's cross-claims against the City were barred by the Colorado Governmental Immunity Act because they "could lie in tort." Therefore, Lipscheutz argued, the trial court lacked jurisdiction over the cross-claims. The court of appeals agreed with that reasoning, and reversed the trial court. The Supreme Court reversed the appellate court, finding that the Colorado Governmental Immunity Act did not apply to Open Door's request for prospective relief to prevent future injury. Because Open Door had not suffered an injury before it filed its cross-claims, the Act did not bar those claims seeking prospective relief from future injury. Therefore, the trial court had jurisdiction over those cross-claims. View "Open Door Ministries v. Lipschuetz" on Justia Law

An East Providence zoning officer issued a notice of violation, finding violations of a use variance that was granted in 1998 to the owner and operator of a construction and demolition debris processing facility known as Pond View Recycling. The East Providence Zoning Board of Review upheld the notice of violation. The owner and operator of Pond View appealed. The superior court reversed, concluding that the zoning board’s decision was “clearly erroneous and made upon unlawful procedure.” The City of East Providence and the zoning board sought review. The Supreme Court quashed the judgment of the superior court and remanded the case with instructions to enter judgment for the City, holding that the zoning board’s findings of fact were not clearly erroneous, and therefore, the trial justice erred by reversing the decision of the zoning board. View "Kenlin Props., LLC v. City of East Providence" on Justia Law

Wal-Mart Stores, Inc. appealed a judgment entered in favor of the Spring Valley Lake Association (Association) determining the City of Victorville failed to comply with the California Environmental Quality Act (CEQA) and the Planning and Zoning Law when the City approved the Tamarisk Marketplace Project. Wal-Mart argued to the Court of Appeal that the judgment should have been reversed because, contrary to the court's decision, there was substantial evidence to support the City's finding the project was consistent with the general plan and the project's environmental impact report (EIR) adequately analyzed the project's greenhouse gas emissions impacts. The Association cross-appealed, contending the Court should have reversed the judgment because the City violated CEQA by failing to recirculate the EIR after the City revised the traffic and circulation impacts analysis, air quality impacts analysis, hydrology and water quality impacts analysis, and biological resources impacts analysis. The Association also contended the City violated the Planning and Zoning Law by failing to make all of the findings required by Government Code section 66474 before approving the project's parcel map. Upon review, the Court of Appeal disagreed with Wal-Mart's contentions and partially agreed with the Association's contentions. Consequently, the Court affirmed the judgment as to the issues raised in Wal-Mart's appeal, reversed the judgment as to certain of the issues raised in the Association's appeal, and remanded the matter for further proceedings. View "Spring Valley Lake Assn. v. City of Victorville" on Justia Law

Appellants (“the Silvertip Landowners”) were a group of private landowners in Carbon County who initiated a petition to establish a “Part 1” zoning district pursuant to 76-2-101, MCA, et seq. Appellees were the Board of County Commissioners of Carbon County (“the Commissioners”), and a group of private landowners in Carbon County who opposed the proposed zoning district (“the Neighbors”). At at hearing on the petition, the Commissioners reported that landowners holding 60.7% of the total acreage in the proposed district had submitted protests opposing the zoning district. The Commissioners rescinded their resolution of intent, and voted to deny creation of the zoning district as proposed, citing as the reason for doing so the formal protests lodged. The Silvertip Landowners filed suit at the district court, arguing: (1) reliance on an unconstitutional protest provision in 76-2-101(5), MCA; (2) arbitrary and capricious reversal of the Commissioners’ own finding of public interest; and (3) unconstitutional deprivation of the Silvertip Landowners’ right to a clean and healthful environment as guaranteed by the Montana Constitution. For relief, the Silvertip Landowners asked the District Court to: (1) declare 76-2-101(5), MCA, unconstitutional and therefore void; (2) declare the Commissioners’ decisions to withdraw the resolution of intent to create the zoning district and to deny the Silvertip Landowners’ petition as arbitrary and capricious; and therefore void; and (3) declare the Commissioners’ decisions to withdraw the resolution of intent and to deny the petition as violative of the Montana Constitutional environmental protections. The Commissioners and the Neighbors both moved to dismiss, and their motion was granted. Finding no reversible error, the Montana Supreme Court affirmed the district court's dismissal. View "Martinell v. Carbon Co. Comm." on Justia Law