Laserfiche WebLink
<br />Zoning Bulletin <br /> <br />The Town had argued that t):1e issue at hand was one of land use as <br />opposed to airline safety and therefore' federal law did not preempt its <br />regulations. The Town said the issue was one of land use because the <br />Project would take place outside the existing' boundaries of the Airport. <br />The court rejected the Town's argument. It found that the Project was <br />within the Airport boundaries. Moreover, even if a small portion of the <br />Project was outside the Airport property that would not necessarily be <br />enough to shift the'issue from that of airline safety (which would result <br />in preemption) to land use (which would avoid preemption). Accord- <br />'ingly, the court concluded that because the Project's purpose was airline <br />safety and would take place within the Airport boundaries, the Town's <br />regUlations as applied to the Project were preempted by the FAAct. <br /> <br />See also: Montalvo v. Spirtt Airlines, 508 E3d 464 (9th Cir. 2007). <br /> <br />, Case Note:The court said that if the Authority was creating a new <br />airport, then Town regulations preventing that creation would not <br />be preempted by FAAct because it would involve a "quintessential <br />land use" issue, as opposed to an "airport safety" issue. <br /> <br />Case Note: The court' also concluded that it did not need to address ) <br />the Authority's clai)ns that state. law preempted the Town's regula- <br />tions. The court said that was because it had already determined <br />that any action by the Town to prevent the Project was preempted <br />by federal law. . <br /> <br />Matters Subject to Initiative-County places <br />initiative for zoning amendment on the <br />general election ballot <br /> <br />Company that would be affected if initiative passes, <br />challenges its inclusion on the ballot <br /> <br />Citation: Sevier Power Co., LLC v. Board of Sevier County Com'rs, <br />2008'F;JT 72,2008 WL 4601464 (Utah 2008) <br />.~ . <br /> <br />UTAH (10/17/08)-Sevier Power Company, LLC ("SPC") sought to <br />buil9- a coal-fired power generation facility in the county. Sharlene Hans- <br />en ~nd others (collectively, "Hansen") wanted to modify the county Zon- <br />ing! ordinance so that approval of coal-fired power generation facilities <br />would require voter approval. Hansen presented an initiative petition on <br />that subject to the county clerk. After finding the initiative petition met <br /> <br />4 <br /> <br />@ 2008 Thomson ReutersANest <br /> <br />48 <br /> <br />"') <br /> <br />; <br />, , <br /> <br />i . <br />/ <br />