Agenda - Planning Commission - 01/07/2016

Home

Zoning Bulletin November 25, 2015 1 Volume 9 i Issue 22 Discretion/Immunity—After city denies site plan for use by right, developers sue Developers say city's statutory immunity for discretionary actions is inapplicable because city had no discretion with a use by right Citation: GBT Realty Corp. v. City of Shreveport, 50-104 La. App. 2 Cir. 9/30/15, 2015 WL 5717200 (La. Ct. App. 2d Cir. 2015) LOUISIANA (09/30/15)—This case addressed the issue of whether, in a use by right case, a city has no discretion to disapprove a site plan and thus is not statutorily immune from tort liability for damages related to a site plan denial. The Background/Facts: GBT Realty Corporation, DLP VII, L.L.C., and Land Associates. L.L.C. (collectively, the "Developers") were com- mercial property developers. The Developers sought to build a Dollar .Gen- eral store on a 1.13 -acre lot in the City of Shreveport (the "City"). The lot was zoned B-3, Community Business District, and the construction and operation of such a store on the property was a "use by right" within that zoning classification. A Family Dollar store was already in operation across the street on property with a more restrictive zoning classification. Before buying the property and building the store, the Developers sought approval from the City for, among other things, a site plan and a subdivi- sion plan. The City's Metropolitan Planning Commission ("MPC") expressed concerns that a similar store—the Family Dollar store—was in operation across the street. It also expressed concerns about the building facade and the proposed landscaping. The Developers upgraded their site plan and resubmitted it. Ultimately, the City's Metropolitan Planning Commission ("MPC") rejected the plan. The MPC concluded that: the plan did not comply with the recently proposed zoning suggestions in the City's "2030 Master Plan;" and the site was too small to accommodate the proposed use. The Developers appealed. The City Council upheld the rejection of the plan, citing resident complaints and the small size of the lot vis-a-vis delivery truck traffic. The Developers again appealed, and the district court overturned the Council's decision and approved the originally submitted site plan. Subsequently, the Developers lost their opportunity to develop the Dol- lar General store. They then sued the City and the MPC. They argued that the City's wrongful denial of their site plans caused them to lose the development opportunity. They sought damages against the City and the MPC for the loss of that business opportunity. © 2015 Thomson Reuters 5