Agenda - Planning Commission - 01/09/2014

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Zoning Bulletin December 10, 2013 I Volume 7 I Issue 23 grant or deny the Harts' site plan application. The court explained that when the state owns land under navigable waters in its sovereign capacity, its exclusive authority preempts local land use laws and extends beyond the regulation of navigation "to every form of regulation in the public interest." Here, the court found that the state held title to the lands under Lake George in its sovereign capacity and, thus, had sole jurisdiction over construction in the lake's navigable waters provided it had not delegated this authority to the Town. The Town had argued that the state had, in fact, delegated that authority to it. However, the court found otherwise. The court found that the Town was not included among the local governments enumerated in Navigation Law § 46-a (2) (which delegates to municipalities that border or encompass waters owned by the state, the authority to regulate the manner of construction and location of structures those waters). The court also found no such delegation in any other source. Given that the state had not delegated authority to the Town to regulate or review the Harts' construction of a. dock within Lake George, the court concluded that the supreme court had properly annulled the Board's deterrnination. See also: Town of Carmel v. Melchner, 105 A.D.3d 82, 962 N.Y.S.2d 205 (2d Dep't 2013). See also: Town of North Elba v. Grimditch, 98 A.D.3d 183, 948 N.Y.S.2d 137 (3d Dep't 2012). Zoning News from Around the Nation ARIZONA A superior court judge has granted a pretrial verdict in favor of White Mountain Health Center, a prospective medical marijuana dispensary, overturning Maricopa County's zoning ordinance for medical marijuana dispensaries. Reportedly, the judge ruled that the ordinance appeared to be a "transparent attempt" to keep the businesses out of unincorporated areas of the county. The judge acknowledged that the county has zoning powers to protect public health, safety, and welfare, but said the county was not permitted under the Arizona Medical Marijuana Act to use those powers to categorically pro- hibit dispensaries. Source: ABC 15; www.abcl5.cona MICHIGAN Wyoming City is asking the Michigan Supreme Court to overturn an ap- peals court decision that found the City's zoning ordinance prohibiting marijuana production in nearly all cases ran against the voter -approved Medi- cal Marijuana Act that allowed limited production and use of marijuana. The City has argued that the Michigan Medical Marijuana Act makes no specific provision saying it overrules local zoning ordinances and therefore, cities can enforce rules that regulate marijuana. 2013 Thomson Reuters 11