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Agenda - Council - 05/26/2015
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Agenda - Council - 05/26/2015
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Meetings
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Council
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05/26/2015
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Zoning Bulletin February 25, 2015 I Volume 9 I Issue 4 <br />Municipalities Planning Code ("MPC"). That statute provides that if an <br />ordinance unlawfully prevents a use, the court may order the described use ap- <br />proved as to all elements or it may order it approved as to some elements and <br />refer other elements to the governing body having jurisdiction for further <br />proceedings. The court found that the record before the ZHB was "more than <br />adequate to reject [BIG's request for] judicial relief under Section 1006-A(c) in <br />the form of approval of all elements of BIG's proposed billboards" in that it <br />showed ample evidence that allowing the proposed billboards at the proposed <br />sites could be detrimental to the health and safety of the residents and passersby. <br />However, the court remanded the matter to the trial court to consider whether <br />alternative relief could and should be made available to BIG with respect to <br />BIG's proposed billboard sites. <br />See also: Interstate Outdoor Advertising, L.P. v. Zoning Hearing Bd. of War- <br />rington Tp., 39 A.3d 1019 (Pa, Comm. Ct. 2012), appeal denied, 621 Pa. 680, <br />75 A.3d 1283 (2013). <br />See also: Township of Exeter v. Zoning Hearing Bd. of Exeter Tp., 599 Pa. <br />568, 962 A.2d 653 (2009). <br />See also: Appeal of Miller and Son Paving, Inc., 161 Pa. Commw. 138, 636 <br />A.2d 274 (1993). <br />Time for Proceedings —Neighboring <br />property owners appeal site plan <br />approval <br />Town argues appeal is untimely, and parties dispute <br />whether appeal period ran from date of public <br />hearing vote or date or written decision issued <br />Citation: Beckford v. Town of Clifton, 2014 ME 156, 2014 WL 7448471 (Me. <br />2014) <br />MAINE (12/31/14) This case addressed the issue of whether property own- <br />ers timely appealed a planning board decision. More specifically, it addressed <br />the issue of whether a vote by a zoning board of appeals only triggers the statu- <br />tory appeal period once a written decision is issued. <br />The Background/Facts: In late 2010, Pisgah Mountain, LLC applied to the <br />Town of Clifton Planning Board (the "Board") for site plan approval to build <br />and operate a five -turbine commercial wind energy project. The Board eventu- <br />ally voted to approve Pisgah's application. Peter and Julie Beckford (the <br />"Beckfords") then appealed the Board's decision to the Town's Zoning Board <br />of Appeals ("ZBA"). <br />On January 25, 2012, the ZBA held a hearing on the appeal at which it voted <br />to adopt the Board's findings of fact and to reject each of the Beckfords' specific <br />challenges that had been raised on appeal. At that hearing, the ZBA voted to <br />deny the appeal "in its entirety." The ZBA then decided to meet again on Janu- <br />ary 30, "for the Final Decision." <br />©2015 Thomson Reuters <br />
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