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Agenda - Council - 05/26/2015
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Agenda - Council - 05/26/2015
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Council
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05/26/2015
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February 25, 2015 I Volume 9 I Issue 4 Zoning Bulletin <br />Baltimore Annual Conference of the Methodist Church, Inc. v. Harker, 316 Md. 683, <br />685, 693, 561 A.2d 219 (1989)(nonprofit corporation contracting with state to provide <br />adolescent shelter facilities, in pursuit of statutory policy, not entitled to share state's <br />immunity from municipal zoning ordinances); Washington Tp. v. Central Bergen Com- <br />munity Mental Health Center, Inc., 156 N.J. Super. 388, 406-408, 383 A.2d 1194 (Law <br />Div. 1978) (nonprofit corporation contracting with state to provide mental health care <br />and services, pursuant to statutory plan, not immunefrom township zoning ordinance as <br />arm of state government); but see City of Portsmouth v. John T. Clark & Son of New <br />Hampshire, Inc., 117 N.H. 797, 798-99, 378 A.2d 1383 (1977) (private port terminal <br />operating firm under contract to provide services to state port authority exempt from city <br />zoning ordinance). <br />Case Note: <br />In its decision, the court emphasized that the extension of a state's immunity to a private, <br />for profit entity'should be a rare occurrence. <br />Zoning News from Around the Nation <br />NATIONWIDE <br />The United States Supreme Court is considering a case that has the potential <br />to "weaken" the Fair Housing Act of 1968. In the case, the court must address <br />the issue as to "whether the law requires blacks and other minorities to prove <br />intentional racial discrimination in sales, rentals, zoning or lending practices, or <br />whether a policy's disparate impact is enough to make it illegal." <br />Source: USA Today; www.usatoday.com <br />DELAWARE <br />A bill was expected to be introduced in the General Assembly that seeks to <br />limit the University of Delaware's longstanding immunity from zoning laws. <br />The bill would reportedly "require that [the University of Delaware] conform to <br />relevant zoning restrictions for any commercial development on university <br />property, but would continue the school's exemption for projects related to <br />student services or academic research." Bill sponsors say it makes the zoning <br />process more fair for the city of Newark and other commercial developers. <br />Source: The News Journal; www.delawareonline.com <br />MASSACHUSETTS <br />A state commission is reportedly recommending major zoning changes for <br />many coastal communities in Massachusetts. A panel is expected to propose <br />"the creation of buffer zones along the coast, where construction is not allowed," <br />and call for "experimenting with new ways to fight erosion and for the use of <br />`sea -level rise scenarios' when studying new waterfront developments." <br />Source: myfoxboston.com; www.rnvfoxboston.com <br />12 © 2015 Thomson Reuters <br />
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