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<br />July 25, 20091 Volume31 No. 14 <br /> <br />Zoning Bulletin <br /> <br />See also: Planning Bd. of Hingham v. Hingham Campus, LLC, 438 (l <br />Mass. 364,780 N.E.2d 902 (2003). . <br /> <br />See also: Town of Hingham v. Dep't of Housing and Cmty. Dev., 451 <br />Mass. 501, 887 N.K2d 231 (2008). <br /> <br />Case Note: In its decision, the court emphasized that Framingham <br />was attempting to appeal a decision made by the Z:BA under Mass. <br />Gen. L. c. 40B, not Mass. Gen. L. c.40A (the state's zoning law). <br />It said that "the substantive standing requirements of G.L. c. 40A <br />[welre neither the same nor incorporated into G.L. c. 40B." G.L. c. <br />40A entitled "parties in interest" to notice of proceedings before a <br />Board of Appeals. And such' "parties in interest" had a rebuttable <br />presumption of standing to challenge Board of Appeals' decisions. <br /> <br />First Amendment-Busi"ness challenges <br />constitutionality of city sign ordinances <br /> <br />It cites "unbridled discretion" to grant or deny permits and <br />lack of time limits for action <br /> <br />Citation: H.D. V.-Greektown, LLC v. City of Detroit, 2009 WL <br />1636347 (6th Cir. 2009) <br /> <br />The 6th U.S. Circuit has jurisdiction over Kentucky, Michigan, Ohio, <br />and Tennessee. <br /> <br />(..0;::::>\ <br /> <br />. ) <br /> <br />~--'~_. <br /> <br />6th U.S. CIRCUIT/MICIDGAN (06/12/09)"":-Since 1986, K & P Incor- <br />porated("K & P") operated as an adult cabaret on property (the "Prem- <br />ises") it owned in the city. In January 2004, K & P changed its operating <br />name to "Deja Vu/, and sought the city's approval to erect new signage <br />on the Premises. K & P contracted with MLS Signs, Inc. to construct the <br />permanent signs. MLS Signs submitted a sign application (the "initial ap- <br />plication") to the citY's Buildings and Safety Engineering Department (the <br />"BSED"). The proposed sign complied with all city cO,de provisions. <br />Nearly a year later, the BSEDhad still not acted on the initial sign ap- <br />plication. Believing that its b~siness was being damaged by a "sign-ordi- <br />nance issue," K &P cigain changed the name of the establishment operat- <br />ing at the Premises-this time to "Hustler." Iii December 2004, with the <br />original application still pending, MLS Signs submitted a Revised Appli- <br />cation for Permit for Erection of Signs. and Poster Boards (the "revised ( ) <br />application") to the BSED. Again, the proposed signs complied with all '-/. <br />city code provisions. <br /> <br />4 <br /> <br />@ 2009. Thoms~m Reuters <br /> <br />56 <br /> <br />Ii <br />II <br />I <br />I <br />I <br />! <br /> <br />\ <br /> <br />,J <br />