Agenda - Planning Commission - 09/02/2004

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Page 2 -- July 25, 2004 Z.B. Notice -- Landowner receives no actual notice of zoning change Claims period to file suit consequently never began Citation: Bernard v. Parish of Jefferson, Court of Appeals of Louisiana, 5th Cir., No. 04-19 (2004) LOLFISL&NA (05/26/04 -- Bernard owned a lot and building in Jefferson Parish. When Bernard acquired the property in 1983, it was zoned for general commercial use. However, in late 1990, the pahsh began to rezone nine con- tiguous parcels, including Bernard's tract, for general of~ce use. The process began with a planning advisory board area study and hearing. In accordance with the zoning ordinance, the study and hearing date were advertised in the official journal for three successive weeks, and a sign was placed' on the area in question. The zoning change was recommended during the hearing. It was ultimately adopted by the parish council and enacted in 1991. In 1994, Bernard filed a petition with the council, claiming the zoning change destroyed any economically viable use of his property. After the petition was denied, Bernard sued. The court ruled in favor of the parish, finding Bernard waited too long to tile suit. Bernard appealed, arguing he received no actual notice of the proposed zomng change from the zoning advisory board or any sim/hr notice of the council's action. Consequently, he claimed the time period for filing a"claim did not commence against h/re. DECISION: Affirmed. The lawsuit was appropriately dismissed. Under the zoning ordinance, an aggrieved party had to bring a claim within 30 days after a council decision. However, Bernard did not pursue his claim until more than three years had passed. Even though Bernard did not receive actual notice of the proposed zoning change from the board, typically only constructive notice, usually by publica- tion in the local newspaper, was required by zoning ordinances. Importantly, courts had uniformly held this method of notice as sufficient. Ultimately, Bernard waited too long to file his suit. see also: Palermo Land Co. b~c. v. Plvmning Commission of Calcasieu Parish, 561 So. 2d 482 (1990). Variance ~ Board a~lows landowner to build 19Il-room hotel On(v considers [andowner's request and one other alterna~ve Citation: Boc'c'i~z ~,. Cin, o/ ),orrsmour& .7~tpreme Court ~fi' New ~am. pshire, ~. 2003-493 ;20t)4 ~ 72 :: _-cc-, 2Ulnla~ ~-,lOllC..iilBO. ?GI.:E. z[iv '3[~fqfJLICiiOI1 ::~ }[OfitPA[Od. Z,)r ;T/Ofe illiorm~.tioll 9lease Call 61 7~, 542-0048.