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Sixth Circuit Court of Appeals Holds Legislative Conditions Are Subject To Nexus-And-Proportionality Requirements
This post was authored by Robert Thomas, Esq. and originally appeared on the InverseCondemnation Blog and is reposted with permission. See, https://www.inversecondemnation.com/inversecondemnation/2023/05/ca6-legislative-conditions-are-subject-to-nexus-and-proportionality-requirements.html The 6th Circuit Court of Appeals in Knight v. Metro. Gov’t of Nashville, No. 21-6179 (May 10, 2023) held that conditions imposed on every development — and not just ad hoc administratively-imposed conditions […]
OH Appeals Court Dismisses Claims Challenging Ordinance Restricting Short-Term Rentals
This post was authored by Matthew Loescher, Esq. Appellants, Douglass Ebner, 2253 Cedar Point LLC, and 2243 Cedar Point LLC appealed the judgment of the Erie County Court of Common Pleas, which granted summary judgment in favor of appellee, the City of Sandusky, on Ebner’s counterclaims that Sandusky Ordinance Nos. 12-107 and 17-088 were invalidly […]
Seventh Circuit Upholds Sign Code Variance Procedure
This post was authored by Julie Tappendorf and Tyler Smith of Ancel Glink and originally posted in the Municipal Minute and reposted with permission The Seventh Circuit Court of Appeals recently ruled against a billboard company in its First Amendment challenge to a county’s sign code. GEFT Outdoors, LLC v. Monroe County. A billboard company […]
GA Appeals Court Affirms that Board of Commissioners Acted in a Legislative Capacity When Placing Condition on a Rezoning and not in a Quasi-Judicial Capacity
This post was authored by Tyler Doan, Esq. Cook Communities (Cook) bought roughly 32.6 acres of land in Hall County to build approximately 200 attached townhomes. At the time of purchase, the land was zoned for agricultural housing. Cook sought to have the zoning map changed and the property rezoned as planned residential development. Cook […]