Agenda - Planning Commission - 03/03/2016

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Zoning Bulletin January 10, 2016 I Volume 10 1 Issue 1 consideration of the merits is warranted." More pertinently, the court explained that it was well settled that "[w]here an appeal involves the erection of a structure and the appellant has failed to obtain a stay of execution of a trial court's order permitting construction, the appeal will be moot if construction has commenced pursuant to the order." Here, the court found that the purpose of Coates Run's appeal was to prevent ARG's construction of a planned student -housing development, yet because Coates Run had failed to obtain a stay or other order enjoining the construction of the development pending its appeal, the construction had substantially com- menced, and thus the appeal was moot. See also: Smola v. Legeza, 2005 -Ohio -7059, 2005 WL 3610480 (Ohio Ct. App. 11th Dist. Ashtabula County 2005). Case Note: In its decision, the court found that Coates Run had failed to assert that any exception to the application of the mootness doctrine applied to its appeal. Coates Run may have avoided the mootness ruling fit had alleged that the case included issues that: (1) were capable of repetition, yet evading review; (2) involved matters of great public importance; or (3) constituted unresolved debatable constitutional questions. Administrative Review—Zoning officer refuses to forward zoning appeal to zoning board based on officer's determination that appellant lacked standing Appellant says zoning officer Tacks discretion or authority to make such a determination, and asks court to order its appeal to be heard by zoning board Citation: Morningstar Marinas/Eaton Ferry, LLC v. Warren County, 777 S.E.2d 733 WC. 2015) NORTH CAROLINA (11/06/15)—This case addressed the issue of whether a zoning officer may refuse to transmit an appeal from his own zoning determi- nation to the county board of adjustment for its review. More specifically, it ad- dresses whether a zoning officer has the authority to dismiss or foreclose an ap- peal based upon his or her legal determination that the appealing party lacks standing (i.e., the legal right to bring the appeal as, for example, a person aggrieved). The Background/Facts: East Oaks LLC ("East Oaks") owned land abut- © 2016 Thomson Reuters 7