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Case Law: Fiduciary Duty
February 9, 2004 by dwagner · Leave a Comment
Trial court erred in dismissing complaint on basis that partnership agreement involving real estate development was unenforceable because its core purpose was to conceal illegally plaintiff’s participation; Read More…
Case Law: Religious Use
February 3, 2004 by dwagner · Leave a Comment
Where city had cognizable, compelling interest to enforce its zoning laws, trial court erred in refusing to enjoin church from violating ordinance that prohibits religious organizations from locating in area zoned for commercial use. Read More…
Case Law: Hog-Confinement Facilities
February 2, 2004 by dwagner · Leave a Comment
Trial and appeals courts correctly held that counties have no zoning authority over agriculture, that ‘hog confinement facilities’ are ‘agriculture’ in nature, and that counties therefore have no authority to regulate hog facilities. Read More…
Case Law: Methadone Clinic
January 30, 2004 by dwagner · Leave a Comment
Americans with Disabilities Act and Rehabilitation Act do not contemplate recovery for lost profits for company that sued municipality for denying company’s application to operate methadone clinic. Read More…
Case Law: Incomplete Special-Use Permit Application
January 17, 2004 by dwagner · Leave a Comment
Trial court erred in prematurely reviewing denial of special-use permit on merits because county officials did not deny permit on its merits but because plaintiffs’ application was incomplete and could not be considered on that basis. Read More…
Case Law: Hog-Confinement Facilities
January 16, 2004 by dwagner · Leave a Comment
Where statute expressly states that counties have no authority to impose regulations governing land used for agricultural purposes and raising hogs is an agricultural purpose, county zoning board had no jurisdiction to consider objections to the construction of a large-scale hog confinement facility. Read More…
Case Law: Legal Non-Conforming Use
January 12, 2004 by dwagner · Leave a Comment
Trial court erred in holding that, in order to establish non-conforming legal use, owner must prove that building was rented continuously as duplex since passage of zoning ordinance. Read More…
Case Law: Prisoner Rights
January 12, 2004 by dwagner · Leave a Comment
Trial court erred in refusing to allow inmate to proceed as pauper and file civil rights claim that he was being improperly prevented by prison officials from practicing Wotanism, his stated religion. Read More…
Case Law: Adult Entertainment
January 11, 2004 by dwagner · Leave a Comment
Trial court properly dismissed plaintiff’s claim that city’s denial of application for burlesque theater featuring nude or semi-nude dancers violated First Amendment; city did not bar plaintiff from operating theater but merely barred operation of such theaters within set distance from residential neighborhoods. Read More…
Case Law: Religious Use – Zoning Permits
January 6, 2004 by dwagner · Leave a Comment
Trial court erred in dismissing request for special-use permit for operation of church in City of Genoa. Read More…
