Agenda - Planning Commission - 01/02/2003

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7,.g. November 25, 2002 -- Page 5 demolished and replaced With major business building developments, all with the city's approval and encouragement. The owners claimed the subject pr~op-. erty was designated as a historical landmark without prior notice to them and an opportunity to be heard. They also claimed the moratorium adversely af- fected the marketability and economic use of the property. The owners noted a prospective buyer rescinded an offer of $114 million when the historical land- mark designation became known. The owners contended their efforts, to have the DLC remove the designa- tion were unsuccessful..Further, theY. claimed their civil rights were violated because, had they not bee. nHispanic, they would have received-proper notice and been given an opportunity to oppose the designation. The city asked for judgment without a trial, claiming the owners' laWsuit was barred by the. ti:me limits for filing such claims. DECISION: Judgment granted. The claims were barred because they were filed after the applicable time limit expired. The city provided evidence the owners were told the DLC had initiated the procedure to establish a historic overlay of the subject property in 1996. There was also notice of a zoning request on the property at that time. The court noted the applicable statute of limitations was two years, and the owners did not file their lawsuit until Nov. 13,2000, si~maificant!y beyond the two-year time limit had already expired. Thusl the owners~ claims were time-barred. Citation: Ramirez v. The City of Dallas, U.S. District Court for the Northern District of Texas, Dallas Div., No, 3:00-CV-248]-D (2002). see also: Fontenot v. Upjohn Co., 780 F. 2d 1190 (1986). see also: Celotex Corp. v. Catrett, 477' U.S. 317, ]06 S. Ct. :25¥8, 9! L. Ed. 2d 265 (1986). · Easements -- Property owner seeks to build riding stable Neighbors object, claiming easement was already overburdened MASSACHUSETTS (10/9/02) --. Wylie sought to build a riding stable and related structures on four contiguous lots (three lower lots and one larger upper lot). A 40-foot' easement existed over a neighbor's property, connecting the three lower lots to the upper lot. The easement was necessary for access from the lower three lots to the public. Way. The plans included a one-story riding arena, a one-story barn-witt~ a caretaker's apartment, and a onerstory ranch style home. There would also be 15 parking spaces beside the barn and seven fenced paddocks, of various sizes and an outdoor sand r/ding fink. Wylie intended to construct a 20-foot~wide gravel, road over the '40-foot easement. A/though he:wanted to install lights, Wylie planned to plant, shrub- bery to minimize the effects of the lighting on the neighbors. The board of appeals ~anted' Wylie a variance from the zoning bylaw 29