Agenda - Planning Commission - 06/04/2015

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April 25, 2015 I Volume 9 1 Issue 8 Zoning Bulletin that "[t]he plain language of the last sentence of the [O]rdinance imputes a tenant's abandonment of a lot within a mobile -home park on the park's owner[, and, in doing so] . . . impermissibly deprives the owner of the park of the right to continue the use of its entire property in a manner that was lawful prior to the establishment of the zoning ordinance." Thus, the court concluded that, pursuant to the due -process clauses of the United States and Ohio Constitutions, that impermissible deprivation of the vested private -property rights of mobile home park owners defeated the Village's argument that the provision was rationally related to its legitimate goals of protecting property values and encouraging development. In short, the court concluded that the last sentence of the Ordinance was an unconstitutional deprivation of a property right and could not be applied. See also: Cent. Motors Corp. v. Pepper Pike, 73 Ohio St. 3d 581, 1995 -Ohio -289, 653 N.E.2d 639 (1995). Case Note: The court found that the last sentence of the Ordinance could be severed from the rest of the Ordinance. The court remanded the case to the trial court "to determine what remedy [was] appropriate. ". • Public and Low -Income Housing— State agency fails to adopt legislatively -mandated rules governing municipal fair housing obligations Organization seeks court remedy for agency's failure Citation: In re Adoption of N.J.A. C. 5:96 and 5:97 ex rel. New Jersey Council on Affordable Housing, 2015 WL 1015065 (N.J. 2015) NEW JERSEY (03/10/15)—This case addressed the issue of the proper relief for the failure of the New Jersey Council on Affordable Housing to adopt third -round substantive rules for calculation of af- fordable housing needs and criteria for satisfaction of needs. The Background/Facts: In 1985, the New Jersey Legislature 8 © 2015 Thomson Reuters