Agenda - Planning Commission - 10/06/2005

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Z.B. September 25, 2005 -- Page 5 and maintain a dune, the berm was in actuality an illegal fence. The court ruled in favor of Kassin. Bubis appealed, arguing a fence did not have to be made of iron, wood, or other typical fencing material to make it a fence.' DECISION: Reversed. Kassin's berm satisfied the definition of "fence." A fence was a barrier intended to prevent escape or intrusion or to mark a boundary. No definition of "fence" restricted it to a certain type of mate- rial. As a matter of common sense, a fence was defined primarily by its function. In fact, courts have found rows of trees by themselves constitute "fences." The berm was a partition separating Kassin's property from the street. Kassin testified, in addition to winterizing his property, he wanted to ensure his pri- vacy and generally deter trespassing. He essentially constructed a privacy fence made of sand and trees that shielded Kassin from the invasive gaze of neighbors and other passers-by. Kassin's mound of sand, topped with a row of trees, was at least 14-feet tall -- nearly two-and-one-half times the permitted fence height. This established a "towering presence" along the street. Also, its placement between Kassin's property and the street and neighboring lots showed its function as a fence. Regardless of Whether the structure was a dune, it was also a fence. By choosing to erect a fence that had the elements of a dune, whether in an attempt to avoid the local restrictions on fence height or for some other reason, Kassin merely subjected himself to an additional set of state regulations. see also: Wilson v. Handley, 97 Cal. App.4th 1301 (2002). see also: Dowdell v. Bloomquist, 847 A.2d 827 (2004). Ordinance -- Neighbors sue to stop new public school '. Court finds board of education has ultimate say on school location Citation: Alves v. Board of Education for the City of Guntersville, Court of Civil Appeals of Alabama, No. 2040293 (2005) ,,kLAB AMA (08/12/05) ~ The city of Guntersville's zoning ordinance allowed the Board of Adjustment for the City of Guntersville to grant special exceptions in residential districts for certain public uses, such as public schools. [n 2004, Guntersville's board of education requested a special exception tO build a new middle school within a residentially zoned district. The zoning board granted the request. Neighboring property owners sued. The court ruled in favor of the board of education. The neighboring property owners appealed, arguing that the zoning board's decision was flawed. 2005 Quintan Publishing Group. Any reproduction is prohibited, For more information please call (617) 542-0048. 215