Agenda - Planning Commission - 03/05/2015

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Zoning Bulletin January 25, 2015 1 Volume 9 1 Issue 2 suffer any grievance different than what other residents of the community might suffer. Rather, the record evidence demonstrate[d] that the com- plaints voiced by the Residents consisted of generalized fears as to the impact of the truck stop on the community as a whole." Finding none of the Residents met the unique -harm requirement, the court concluded that the Residents lacked standing under R.C. 2506.01, and that the lower court should have dismissed their appeal. See also: Safest Neighborhood Assn. v. Athens Bd. of Zoning Appeals, 2013 -Ohio -5610, 5 N.E.3d 694 (Ohio Ct. App. 4th Dist. Athens County 2013). Case Note: The court went on to evaluate Pilot's objections to certain conditions in the BOCC's resolution. The court agreed with Pilot's assertion that the common pleas court erred in upholding a condition that required Pilot to submit an ad- ditional traffic -impact study to the Ohio Department of Transportation ("ODOT ). The court agreed with Pilot that the BOCC lacked authority to order the additional study. Although the Code allowed the BOCC to determine the impact of a proposed site plan on local roadways, the court found that the BOCC exceeded its authority by requiring Pilot to submit another traffic -impact study to ODOT—a state entity over which the BOCC had no control. Case Note: The court also dismissed the BOCC 's appeal for lack of standing, finding that the BOCC failed to identify any interest adversely affected by the common pleas court's judgment. Proceedings—After county rezone of their property, property owners bring Harris Act and inverse condemnation claims County contends claims fail as untimely Citation: Hussey v. Collier County, 2014 WL 5900018 (Fla. 2d DCA 2014) FLORIDA (11/15/11)—This case addressed the issue of whether causes of action alleged in relation to a zoning challenge were timely. It also ad- © 2015 Thomson Reuters 7