February 14, 2010
7th Circuit Land Use Decisions
A couple of interesting land use cases came out of the U.S. Court of Appeals for the Seventh Circuit. From Findlaw's Real Estate Case Summaries:
Reget v. City of La Crosse, No. 06-1621. In plaintiff's constitutional challenge to defendant-city's junk-dealer ordinance requiring him to comply with certain building and safety-code provisions and to fence his outdoor auto storage from the view of his surrounding residential neighbors, summary judgment in favor of defendant is affirmed as plaintiff has not shown that the city has treated him differently than other similarly situated businesses.
and . . .
Helcher v. Dearborn County, No. 07-3949
In a suit against a county by a wireless communications services provider for violation of various provisions of the Telecommunications Act of 1996 when the local Board of Zoning Appeals denied plaintiff's application for a conditional use permit to construct a wireless communication facility on property owned by co-plaintiffs, summary judgment in favor of defendants is affirmed where: 1) the Minutes met the "in writing" requirement under the Act; 2) the Board's decision rejecting the permit for noncompliance with section 1514 is supported by substantial evidence; and 3) plaintiffs' claim of unreasonable discrimination fails.
Interesting land use cases. You can subscribe to Findlaw's Real Estate Case Summaries here.
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