Agenda - Planning Commission - 03/06/2008

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Zoning Bulletin Morgan argued that the ATF had to "independently analyze and 'confirm ... the accuracy' of a local government official's in- terpretation of local law," but the 6th Circuit rej ected this claim as well. The lower court had correctly explaining that, "even as- suming that no deference had to be accorded to [the] ATF's rea- soning, [the] ATF could properly defer to the Township's inter- pretation of its own ordinance." Because deferring to the township's interpretation of its own law was the most appropriate way of ascertaining whether or not Mor- gan was in compliance with local law, the 6th Circuit found that the ATF's decision to deny Morgan's license renewal would "prop- erly be affirmed under any standard of review." The judgment of the lower court was affirmed. " Conditional Use Permit-Organization's application denied despite being complete and meeting all zoning requirements 'Commission claims housing project would not be in harmony with surrounding area Citation: Habitat for Humanity of Moore County, Inc. v. Moore County Ed. of Com'rs of Town of Pinebluff, 2007 WL 4386269 (N.C. Ct. App. 2007) NORTH CAROLINA (12/18/07)-Habitat for Humanity of 'Moore County applied for a conditional use permit to develop a 75-lot subdivision in the town of Pine bluff. The permit had to re- ceive final approval from the town's board of commissioners. A public hearing was held, at which the commissioners found that Habitat's application was complete. The commission found fur- ther that the proposed development would meet the requirements of the zoning district under the town's development ordinance. Mer hearing testimony from Habitat's director and several neighboring property owners, the commissioners voted to deny the permit. Habitat filed a request for court review of the denial, which was granted. After the court reviewed the record of the commis- sion's proceedings, it entered an order reversing the commission's decision and requiring the commission to issue the permit. The commission appealed. Decision: Affirmed. 4 132 \ i (--') )