Agenda - Planning Commission - 06/02/2016

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Zoning Bulletin April 25, 2016 I Volume 10 I Issue 8 whelming concern about the change of zoning" from nearby residents and concerns of "what would be happening behind the fence as far as law enforcement" after business hours. The Shaws appealed the Parish Council's denial of their rezoning request. The trial judge denied the Shaws' request for reversal of the Council's denial. The trial judge found that the Council's decision was "re- lated to the general welfare of the public and was not arbitrary or capricious." In so finding, the trial judge considered the opponents' concerns about law enforcement safety following the fence installation, as well as their concerns of "commercial creep" into their residential neighborhoods. The Shaws again appealed. DECISION: Judgment of district court affirmed. The Court of Appeal of Louisiana, Fifth Circuit, affirmed the judgment of the trial court, upholding the Parish Council's denial of the Shaws' rezoning application. In its decision, the court explained that the Parish Council's decision would only be overturned if the Shaws could prove that the Parish Council's action in denying the rezoning application was arbitrary and capricious. The court found that the denial was not arbitrary and capricious or taken "without reason," but rather was "reasonable under the circumstances." The court explained that the "concerns and desires of the electorate are appropriate considerations in the decision making process on zoning." Thus, the court found that the Parish Council appropriately considered and gave weight to the opinion of the neighborhood association and the other residents of the area. "Considering the entirety of the record and the great deference given to the Council in zoning decisions," the court found that the trial court had correctly found that the Parish Council's denial of the Shaws' application for rezoning was "rationally related to the general welfare of the Parish and was not arbitrary and capricious." See also: Jenniskens v. Parish of Jefferson, 940 So. 2d 209 (La. Ct. App. 5th Cir. 2006), writ denied, 949 So. 2d 425 (La. 2007). Zoning News from Around the Nation NATIONWIDE The United States Senate Committee on Commerce, Science and Transportation recently approved legislation Senate Bill 2658 (the "FAA Reauthorization Bill") which "carries with it the opportunity for the Federal Aviation Administration (FAA) to trump state and local drone laws with pre-emptive language." Under the bill, "state and local governments ©2016 Thomson Reuters 11