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January 10, 2017 I Volume 11 I Issue 1 Zoning Bulletin <br />The Supreme Court of North Dakota explained that the Board's <br />conclusions would not be found to be "arbitrary, capricious, or unrea- <br />sonable," and would stand, if they were shown to be the "product of a <br />rational mental process by which facts and the law relied upon [were] <br />considered together for the purpose of achieving a reasoned and rea- <br />sonable interpretation." Here, the court found that the Board's conclu- <br />sion, based on the facts before it, was "the product of a rational mental <br />process in which the Commissioners exercised their discretion" under <br />the City Ordinances regarding special permits. <br />Accordingly, the court affirmed the Board's decision to deny a <br />special use permit to Dakota for its proposed digital billboard. <br />See also: Dahm v. Stark County Bd. of County Com'rs, 2013 ND <br />241, 841 N.W.2d 416 (N.D. 2013). <br />Use/Preliminary Injunction —City <br />issues cease operations order to <br />seasonal beer garden operating in <br />a residential zoning district without <br />a required zoning permit <br />Beer garden operators pursue preliminary <br />injunction against cease order, saying city failed <br />to establish prerequisites for cease order <br />Citation: SP11?, Inc. v. City of Philadelphia, 2016 WL 6833074 (Pa. <br />Commw. Ct. 2016) <br />PENNSYLVANIA (11/21/16)—This case addressed the issue of <br />whether reasonable grounds supported a preliminary injunction against <br />a city's order to cease the operation of a commercial use in a residential <br />zone that was operating without a required zoning permit. In relation, <br />the court addressed whether a city met the prerequisites to issue such a <br />cease order under the city code. <br />The Background/Facts: Point Breeze Fund, LLC owned a vacant <br />lot (the "Property") in the City of Philadelphia (the "City"), which was <br />located in a residential, multi -family zone ("RM-1"). Point Breeze <br />Fund, LLC, as well as three other commercial entities licensed in the <br />state of Pennsylvania to sell liquor SPTR, Inc., Newbolds Brew, LLC, <br />and the American Sardine Bar, Inc. —(collectively, the "Beer Compa- <br />nies") planned to operate a pop-up beer garden on the Property. A <br />8 ©2017 Thomson Reuters <br />