Agenda - Planning Commission - 05/02/1995

Home

Z.B. April 15, 1995" Page 5 The trustee had the authority to hive the land rezoned. Once the bank: ruptcy cou~t determined Lloyd was not a farmer, it did not have to consider the extent to Which she would be able to continue farming activities. Lloyd only needed three acres for her home. Permit --~,Live Entertainment Establishment Fights permit Requirement Marcu~ v. Town Of Henrietta, 616 N.Y.S. 2d 845. (New York) 1994 The toix, n of Henrietta, N.Y., required establishments that offered live en- tertainment to apply for a special permit. After holding a public hearing, the town boar~t decided whether a permit should be granted. The K~assy Cat Tavern offered live entertainment. The town denied its ap- plication f~r a permit. Klassy Cat's owners sued the town, claiming it violated their cons~tutional right to free speech. The court found for Klassy Cht's owners, and the town appealed. DECISIOn: Affirmed, in favor of the Klassy Cat. The criteria the town board used when considering Klassy Cat's applica- tion for a a~pecml permit were unconstitutional. The town code d~d not contain any narrow, object~ve standards to grade the board. Instead, ~t granted the board broad disci:etion. By giving the board members such broad discretion, the cri- teria gave !the board power to discriminate on the basis of content of expres- sion. This Cas inconsistent with a valid time, place, and manner restriction on speech.' r Subdivisi~}n Landowner Says Denial of Resubdivision Application Violated .l~ue Process Done~an v. Town of Woodbury, 863 ESupp. 63 (ConnecticuO 1994 In 197~, the planning commission for the town of Woodbury, Conn., al- lowed the pwner of a 30.-acre parcel to subdivide it into three lots. One of the resulting lbts was 11 acres, and the map recorded in the town's land records stated, "N.~te: These lot [sic] may not be re-subdivided." Don'eg~an bought the ll-acre lot. In 1987, he applied to resubdivide the land. At th~ commission's public hearing, neighbors claimed the lot's soil could not suppoh an adequate septic system. Donegan presented evidence that the septic system was already approved by the Pomperaug Health District. The commission demed the apphcat~on, finding that the 1972 map notation, on its own, prevented the lot from being resubdivided. Doneg~_~ n appealed the decision tb state court. The court found the map notation h~d no legal effect and could not be the basis for the commission's decision. Later, in 1989, the commission approved Donegan's requested resubdivision. ' Doneg~n sued the town in federal court, claiming the commission's initial denial of/)is resubdivision request violated his due process rights under the federal arid state constitutions. He sought damages for the decrease in the property'sivalue between 1987 and 1989.