Agenda - Planning Commission - 06/07/2012

Home

Zoning Bulletin April 25, 2012 1 Volume 6 l No. 8 S 59.69(4)—the Town's billboard ordinance did not preempt the County's bill- board ordinance. The County and the Town, found the court, shared regulatory authority over billboards located on property that abuts the subject highway maintained by the Town. See also: Kocken v. Wisconsin Council 40, AFSCME, AFL-CIO, 2007 WI 72, 301 Wis. 2d 266, 732 N.W..2d 828, 182 L.R.R.M. (BNA) 2592, 154 Lab. Cas. (CCH) P 60438 (2007). See also: State ex rel. Hensley v. Endicott, 2001 WI 105, 245 Wis. 2d 607, 629 N.W.2d 686 (2001). Case Note: Among other things, Adams had argued that, under the statutory rule of construction, the more specific statues —SS 59.70(22) and 60.23(2)—should have controlled over the more general stat- ute-5 59.69(4). The court said that, generally speaking, the rule of statu- tory construction that a more specific statue controls over a more gen- eral statute applies where two or more statues on the same subject con- flict. Here, the court found that Adams had failed to show that interpret- ing S 59.69(4) as permitting the regulation of billboards conflicted with SS 59.70(22) and 60.23(29). Rather, found the court, "these statutes com- plement each other." Notice —City Adopts Ordinance Designating Downtown as Historic District In enacting ordinance, City fails to provide actual notice to property owners in proposed district Citation: New Albany Historic Preservation Com'n v. Bradford Realty, Inc., 2012 WL 965565 (Ind. Ct. App. 2012) INDIANA (03/22/12)—This case addresses the issue of whether a property owner is entitled to actual notice of the potential designation of a historic dis- trict, which encompasses his or her property. The Background/Facts: In 1999, the City of New Albany (the "City") ad- opted a historic preservation ordinance. Among other things, the ordinance clari- fied the powers and duties of the New Albany Historic Preservation Commis- sion ("HPC"). It also instituted guidelines for the creation of historic districts, and elaborated on the procedures for modification and construction of structures within a historic district. The regulatory provisions of the ordinance required the owner of property in a historic district to request a Certificate of Appropriate- ness ("COA") from the HPC prior to commencing work on most external modi- fications of the property. In 2002, the City proposed an ordinance to designate the downtown district as a historic district. The City published a notice of public meeting on the issue © 2012 Thomson Reuters 7