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Zoning Bulletin November 25, 2016 1 Volume 10 1 Issue 22 <br /> S. Ct. 141, 60 L. Ed. 372(1915).As to other jurisdictions, see, e.g., Smithfield <br /> Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 111 <br /> A.L.R. Fed. 835(Ist Cir: 1990)(enactment of zoning ordinance is a legislative <br /> act); County Concrete Corp. v. Town of Roxbury; 442 F.3d 159(3d Cir. 2006) <br /> (municipal body's act of recommending or voting for change in permitted uses <br /> ina zoning district is legislative in.character);Jackson.Court Condominiums, <br /> Inc. v. City of New Orleans, 874 F2d 1070 (5th Cir. 1989) (moratorium on <br /> establishment of time-share condominiums in residential area was a legisla- <br /> tive zoning decision of broad applicability to which no procedural-due-process <br /> rights attached);Dennis v. Village of Tonka Bay, 156 F.2d 672(C.C.A. 8th Cir <br /> 1946)(enactment of zoning ordinance is "legislative in character");Kuzinich <br /> v. Santa Clara County, 689 F.2d 1345(9th Cir. 1982) ("[T]he enactment of a <br /> general zoning ordinance is a legislative act.");Kentner a City of Sanibel, 750 <br /> Fad 1274 (11th Cir: 2014), cert. denied, 135 S. Ct. 950, 190 L. Ed. 2d 831 <br /> (2015) (generally applicable, prospective, policy-making zoning ordinance <br /> restricting building of docks and piers is a legislative act);see also Calvert v. <br /> Safranek, 209 Fed.Appx. 816(10th Cir: 2006) ("In Colorado, adopting zon- <br /> ing ordinances is a legislative functionentrusted to the boards of county <br /> commissioners."). <br /> See also: County of Sacramento v. Lewis, 523 U.S. 833, 118 S. Ct. 1708, <br /> 140 L.Ed. 2d 1043(1998). <br /> Case Note: <br /> Notably, in its decision, the court indicated that the landowners here may be able to <br /> pursue in state court, ander state law, their allegations that the Board allegedly <br /> violated state procedures in adopting the zoning ordinance. The court noted that"faJ <br /> procedural failure in the approval process may render legislation invalid under state <br /> law but does not change its character as legislation"(and legislation is not subject to <br /> federal due process requirements). <br /> i <br /> i <br /> ; <br /> Referendum and Initiative— <br /> Opponents of zoning resolution get <br /> referendum petition on general <br /> election ballot <br /> Zoning applicant challenges validity of referendum <br /> petition <br /> Citation:State ex rel. Jacquemin v. Union.Cty.Bd. of Elections, 2016-012io- <br /> 5880, 2016 WL 5222401 (Ohio 2016) <br /> OHIO (09/19/16)—This case addressed the issue of whether the summary <br /> contained in a referendum petition regarding a proposed zoning amendment <br /> was misleading so as to render the petition invalid. <br /> ©2016 Thomson Reuters 5 <br />