Agenda - Planning Commission - 06/02/2005

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Page 4-- May 10, 2005 National appealed, arguing the zoning code violated its First Amendment rights and the amendments didn't mean the city wouldn't return to its old legislative scheme. DECISION: Reversed. National's claims were moot and no court order should have been issued. The city completely revised and amended its zoning ordinances, changing entirely the provisions of its code that were the basis of the suit. The city's revised zoning ordnance made irrelevant National's claims that the city imper- missibly favored commercial speech over noncommercial speech. Moreover, there was rm indication the ordinance was amended to avoid the lawsuit, or that the challenged ordinance would be reenacted. The new zoning ordinance completely altered the city's regulations pertaining to commercial and noncommercial speech. The amendments made clear that noncom- mercia/messages wotlld be permitted anywhere commercial uses were allowed. Addi.- tionally, the amendment contained a substitution clause that stated "any sign al- lowed herein may contain, in lieu of any other message or copy, any lawful, non- commercial message, so long as the sign complies with the size, height, area, and other requirements." Finally, the ordinance amended the city's del'tuition of onsite signs to make it clear that all noncommercial messages were considered onsite. These amendments changed the zoning code so the allegedly unconstitu-' tional portions of the city zoning ordinance no longer existed. As a result, the court had no reason to make a decision. see also: Coral Spring St. Sys. Inc. v. City of &mrise, 371 F. 3d 1320 (2004). see also: Coalition for the Abolition on Marijuana Prohibition v. City of Atlanta, 219 F. 3d ]301 (2000). Appeal -- Landowner sues over cease and desist order Had been conducting weekly prayer meetings at his hOme Citation: Murphy v. New Milford Zoning Commission, 2nd U.S. Circuit court of Appeals, No. 03-9329 (2005) The 2nd Circuit has jurisdiction over Connecticut, New York, and Vermont. CONNECTICUT (03/25/05) ~ Murphy hosted Sunday afternoon prayer meet- ings in his home with anywhere from 10 to 60 participants. The New Milford Zoning Commission received complaints from Murphy's neighbors over the number of cars and excessive noise. In response, the zoning enforcement officer issued a cease and desist Order to prohibit the meetings, finding the weetdy, sizable prayer meetings were not a customary accessory use in a single-family residential area. Murphy sued, and the court ruled in ms favor. The New Milford Zoning Commission appealed, arguing Murphy failed to exhaust administrative remedies before bringing his lawsuit. © 2005 Quinlan Publishing Group. Any reproduction is. prohibited. For mom information please call (617) 542-004& 124