Agenda - Planning Commission - 05/02/2013

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Zoning Bulletin March 25, 2013 1 Volume 7 I Issue 6 transfer zone that are encumbered by transferable development rights easements. Bethel had failed to produce any evidence suggesting that religious organizations were left without a reasonable opportunity to build elsewhere in the County. Thus, the court held that Bethel's unreasonable limitation claim failed as a matter of law. Finally, the court also concluded that Bethel's constitutional claims —that the County violated its. free exercise and equal protection rights —also failed. Bethel's free exercise violation claim failed because Bethel could not show that the Ordinance was not rationally related to a legitimate governmental interest. Also, Bethel's equal protection rights violation claim failed because Bethel failed to show that the County discriminated against it on the basis of religion and the County's actions were rationally related to a legitimate governmental interest. See also: Westchester Day School v. Village of Mamaroneck, 504 F.3d 338, 226 Ed. Law Rep. 595 (2d Cir. 2007). See also: Guru Nanak Sikh Soc. of Yuba City v. County of Sutter, 456 F.3d 978 (9th Cir. 2006). See also: Midrash Sephardi, Inc. v. Town of Surfside, 366 F.3d 1214 (11 th Cir. 2004). See also: Civil Liberties for Urban Believers v. City of Chicago, 342 F.3d 752 (7th Cir. 2003). Zoning News from Around the Nation CALIFORNIA In early February, California's highest court heard arguments over whether municipalities can ban medical marijuana dispensaries. "In essence, the court will decide, when it comes to medical marijuana, whether federal or state laws prevail here in California, and whether cities can regulate dispensaries through zoning laws." Source: KCET; www.kcet.org Several municipalities are reportedly using zoning and health laws to close so-called "maternity hotels," which house immigrants who want to deliver their babies in the United States. Source: Diamondbar-Walnut Patch; htto://diamondbar-walnut.natch.coin ILLINOIS State legislators are considering a bill that would allow the production and sale of medical cannabis at special distribution centers throughout Illinois. The legislation would permit a pilot program for growing, harvesting and distributing cannabis to patients diagnosed with a debilitating medical condi- tion from a single facility in each state senate district. The bill failed to make it to a vote during a lame -duck session last year. The bill preempts home rule authority, so municipalities would not be able to "opt out" of the program. The Metropolitan Mayors Caucus has suggested that municipalities adopt regula- © 2013 Thomson Reuters 11