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Agenda - Planning Commission - 10/04/2012
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Agenda - Planning Commission - 10/04/2012
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3/21/2025 10:11:47 AM
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Meetings
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Agenda
Meeting Type
Planning Commission
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10/04/2012
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Zoning Bulletin <br />July 10, 2012 I Volume 6 I No. 13 <br />See also: Suire v. Lafayette City -Parish Consol. Government, 907 So. 2d 37 <br />(La. 2005). <br />Case Note: <br />Tradewinds had argued that it could not comply with the requirements to obtain a <br />permit because the amount of security required by the TPCG was excessive (i.e., a <br />$125,000 bond in favor of the Parish). The court found that the TPCG had relied on <br />DOTD guidelines in establishing the amount of security requested, and that another <br />company had been required to post a $375,000 line of credit for an overweight permit <br />to operate on Bayouside Drive. Accordingly, the court found that Tradewinds `failed <br />to carry its burden of proof that the passage of the ordinances caused the Bayouside <br />Drive property to be taken or damaged in a constitutional sense." <br />Case Note: <br />Tradewinds had also alleged deprivation of procedural due process, substantive due <br />process and right to equal protection. The Court of Appeal rejected these arguments. <br />Time for Proceedings —Property <br />owner appeals neighbor's building <br />permit nearly four years after <br />issuance <br />Board of appeals says appeal is untimely since <br />property owner had constructive notice at the time <br />of permit issuance <br />Citation: Richardson v. Board of Appeals of Chilmark, 81 Mass. App. Ct. <br />912, 2012 WL 2053200 (2012) <br />MASSACHUSETTS (06/11/12)—This case addressed the issue of whether <br />a property owner brought a timely appeal. Specifically, the case addressed <br />whether a property owner had constructive notice of the issuance of a building <br />permit to her neighbor, such that the 30-day period for appeal was triggered <br />and ran before she brought her challenge. <br />The Background/Facts: Edwin C. Cohen ("Cohen") proposed construc- <br />tion of a large single-family dwelling on property he owned in the town of <br />Chilmark, Massachusetts (the "town"). Cohen's neighbor, Jacqueline Carlin <br />("Carlin") opposed Cohen's proposed construction. By September 1999, <br />Carlin had an attorney to assist in her opposition of Cohen's proposed <br />construction. Carlin's attorney was "intimately involved in all the proceedings <br />and met with members of the town." In April of 1999, Carlin filed a complaint <br />©2012 Thomson Reuters 9 <br />
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