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Continuing use of real property, permitted by ZONING ordi...
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CIVIL - zoning; nonconforming use; injunction; abuse of discretion; R.C. 519.24; R.C. 519.19; conditional use permit; diminishing assets doctrine; mineral extraction
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For the past 30 years, Floridians enticed by the lure of new homes, gated communities, and other amenities fled the coasts in a race to the center of ...
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ZONINGAntique Vehicle Collection is Illegal Junk Yard
Although a property owner says the antique vehicle collection on his Fairfax County property is his hobby, the Fairfax Circuit Court upholds the Board of Zoning Appeals decision that the collection is an illegal junk yard under the local zoning ordinance.The owner complains the BZA did not make specific findings of fact in ruling on his appeal of the Notice of Violation, but merely adopted the zoning administrator's position. In fact, the verbatim transcript of the BZA hearing contains numerous findings of fact in support of the BZA's decision to affirm the zoning administrator. Specifically, the BZA made findings of fact that 1) the vehicles on the owner's property were junk vehicles in violation of what is permitted by the zoning o...
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injunction; nonconforming use of property
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Introduction I. Setting The Stage A. An Overview Of Zoning: Historical Background. B. Zoning Board Decisions And Their Review By The State Courts. II. Flexibility Through Individual Authorizations: Variances and Special Permits. A. The Statutory Scheme Governing Variances, Special Permits, And Judicial Review. B. Less Discretion For The Board: The Courts' Approach To Special-Permit Cases. C. More Discretion For The Board: The Courts' Approach To Variance Cases The Narrowing Of The Standard: The Three Cases Of July 1St, 2002: Ifrah, P.Ms. Assets, And Retail. A.The Variance Case: Ifrah V. Utschig. B. The Special Permit Case: Retail Property Trust v. Board of Zoning Appeals The Nonconforming Use Case: P.M.S. Assets V. Zoning Board Of Appeals Dangerous Ground: Problems With Judicial Re...
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CIVIL - motion for summary judgment; R.C. 519.02; Am.Sub.S.B. No. 18; constitutionality; one-subject rule; Ohio Constitution, Article II, Section 15 (D), reenacted legislation; vested rights; nonconforming use; taking of property
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The Newstead Town Board on Monday voted, 3-2, to adopt a conditional negative declaration on the environmental impact of planned improvements at Akron Airport.
After a 30-day period for public comment, the declaration is forwarded to the Zoning Board of Appeals, which has been asked by the Christian Airmen, owners of the private airport off Scotland Road, to approve a use variance allowing for the improvements. The 50-year-old facility is a nonconforming use in a residential/ agricultural zone.
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The HDH Group will move from U.S. Steel Tower beginning in October 2012 after signing a lease to occupy 18,300 square feet in K&L Gates Center, Downtown. About 70 employees will relocate. The space is designed to allow growth, and the lease provides the flexibility for expansion. The transaction was handled by Carrie S. Holstead, president of Carrie S. Holstead Real Estate Consultants Inc of Pittsburgh. Jason Stewart of Grubb & Ellis Co. represented the landlord, Kojaian Cos. The space HDH occupies in the U.S. Steel Tower will be used by the University of Pittsburgh Medical Center.
William Rivera will ask the Pittsburgh Zoning Board of Adjustment on Thursday to approve parking variances that will permit him to open a restaurant at 2500 W. Liberty Ave., Beechview. Daniel and Susan Sufak ...