Laserfiche WebLink
Zoning Bulletin July 10, 2018 I Volume 12 I Issue 13 <br />process claim failed because no property right vested in the building <br />permit given that its applications contained three material <br />misrepresentations: (1) the two documents it submitted to the City dif- <br />fered in describing the scope of the renovation project; (2) Rockville <br />Cars misrepresented the owner of the property within its Permit Ap- <br />plication; (3) Rockville Cars certified in the Permit Application that the <br />proposed construction "shall conform to the regulations in the Rockville <br />City Code, and all other codes and regulations . . . . " but in demolish- <br />ing the building violated the City's build -to ordinance, which required <br />construction of new buildings within a certain distance from the center <br />of the street. <br />Given those material misrepresentations, the Fourth Circuit con- <br />cluded that Rockville Cars had no "legitimate claim of entitlement" to a <br />permit it never lawfully obtained and therefore had no procedural due <br />process rights violated when the permit was suspended. <br />See also: Marzullo v. Kahl, 366Md. 158, 783A.2d 169 (2001). <br />Case Note: <br />In their decisions, the district court and the Fourth Circuit also noted that even <br />if a property right vested in Rockville Cars' building permit, and even if the <br />City deprived Rockville Cars of that interest, no procedural due process viola- <br />tion existed here because Rockville Cars failed to exhaust both administrative <br />and state court remedies that the government afforded. <br />Zoning News from Around the <br />Nation <br />LOUISIANA <br />In late May, Governor John Bel Edwards vetoed a bill that would <br />have blocked the institution of inclusionary zoning policies in the state <br />of Louisiana. Reportedly, Edwards' veto "comes with the condition that <br />parishes in Louisiana must enact inclusionary zoning policies by 2019" <br />or else face a new bill blocking inclusionary zoning policies. <br />Source: The New Orleans Advocate; www.theadvocate.com <br />MASSACHUSETTS <br />Governor Charlie Baker is touting his proposed housing production <br />bill in hopes that it will pass in the state legislature before the July 31 <br />end of formal sessions. The bill would "allow zoning changes to be <br />made with majority, rather than super -majority approval at the local <br />© 2018 Thomson Reuters 11 <br />