WASTEWATER: DEQ did not violate MEPA by not considering “secondary” impacts of big box store other than water quality and related construction of wastewater system… owner must be disclosed in application (not just realtor)… Menahan reversed, affirmed. [Read more…]
Zoning, Text/Map Amendments, UDJA fees
ZONING: Map Amendment properly invalidated, Text Amendment not also invalidated… UDJA fees improperly awarded… Ortley affirmed, reversed. [Read more…]
County growth policy, “property rights trump card”
COUNTY GROWTH POLICY: Alleged shortcomings in updating process do not rise to statutory or constitutional violation… “property rights trump card” lacks force of law, not unconstitutional… Ulbricht affirmed. [Read more…]
Interlocal agreement, repeal by referendum
INTERLOCAL AGREEMENT resolution was administrative act by City not subject to repeal by referendum… Plaintiffs not required to challenge referendum within 14 days of petition approval… suit not untimely based on laches… Ortley affirmed. [Read more…]
$812,000 settlement, subdivision access
SETTLEMENT: $812,000 ($675,000 cash plus assumption of improvements to access road valued at approximately $137,000), unlawful subdivision variance denial. [Read more…]
Arbitration, subdivision CCRs
ARBITRATION clause in subdivision CCRs not contract of adhesion, within reasonable expectation of sophisticated buyer… [Read more…]
Zoning, power plant, spot zoning, mootness
ZONING: Claim of spot zoning from Agricultural to Heavy Industrial to accommodate power plant not mooted by amendment of unrelated zoning regulations, no quantifiable evidence adduced in support of argument that claim moot [Read more…]
Interlocal agreement, merits v. injunction
INTERLOCAL AGREEMENT: Ultimate merits of agreement dispute improperly resolved prior to analyzing requested preliminary injunction… remanded for injunction pending trial on merits… Curtis reversed. [Read more…]