Agenda - Planning Commission - 08/07/2008

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Zoning Bulletin The court next addressed RWC's inverse condemnation claim. The court saidthat an inverse condemnation occurred when either: (1) appli- cation of the regulation amounted to a practical confiscation because the property could not be used for any reasonable purpose; or (2) under a balancing test, the regulation's application impermissibly infringed upon the owner's i:ea~onable investment-backed expectations of use and enjoy- ment of the property so as to constitute a taking. The court concluded that the town's zoning regulations did not amount to a practical confiscation because the Property could still be used for a well. The court said that since RWC failed to show it was compelled to close the well, it could not credibly claim that the application of the town's zoning regulations deprived the Property of any reasonable use. The court also concluded that the application of the zoning regulations did not impermissibly infringe on RWC's reasonable investment-backed expectations. The court said this was because RWC failed to show that it had such expectations that the Property should be used as a building lot. See also: Bauer v. Waste Management of Connecticut, Inc., 234 Conn. 221, 662 A.2d 1179 (1995), on appeal after remand, 239 Conn. 515, 686 A.2d 481 (1996). Case Note: The court also said that even if it. assumed RWC had a'J reasonable expectation it would be able to build on the Property, RWC failed to show how the property's value as a well lot com- pared to its value as a buildable lot. Therefore, RWC failed to show how strict application of the zoning regulations diminished the value of the Property. Hearing Procedure-Zoning commission removes citizen from meeting Citizen asserts the removal violated his civil rights Citation: Steinburg v. Chestelfield County Planning Com'n, 527 F.3d 377 (4th Gir. 2008) The 4th U.S. Cil'cuit has jurisdiction over Maryland, North Carolina, South Carolina, Virginia, and West Vil"ginia. In October, 2005, the Chesterfidd County (the county) Planning Com- mission (the Commission) held a public meeting. At the meeting, Com- mission Chairman Sherman Litton (Litton) invited citizens to speak only on the limited issue of whether to grant a developer's request to defer consideration of its application for a zoning change. 6 @ 2008 Thomson Reuters/West 54