Agenda - Planning Commission - 12/01/2005

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October 25, 2005 -- Page 3 and it was a zoning official's duty to mediate disputes between developers and local residents. see also: Tri County Paving Inc..v. Ashe County, 281 F. 3d 430 (2002). see also: Sea Cabins on the Ocean [V Homeowners Aasociation Inc. v. City of North Myrtle Beach, 548 S.E. 2d 595 (2001). Adult Business -- Business complains township ordinance fails to provide prompt judicial review Wants to open topless bar in township Citation: Bronco's Entertainment Ltd. v. Charter Township of Van Buren, 6th U.S. Circuit Court of Apiveals, No. 07-2242 (2005) The 6th U.S. Circuit has jurisdiction over KentUcky, Michigan, Ohio, and Tennessee. MICHIGAN (08/25/05) -- Bronco's Entertainment Ltd. wanted to opens top- less bar on a site that was ineligible for such use under the Chary. er Township of Van Buren's zoning regulations. in addition to the requirements for site plan approval and special approval, the township required the owner or operator of a sexually oriented business to obtain a license before commencing operations. The township had 44 business .days, if the township Clerk used the maxi- mum allowable time to review and forward the application, to ~ant or deny the application. If the township denied the application, it had 30 business days to seek a declaratory judgment, or a court order, approving the denial. The appli- cant could, at any time, seek prompt judicial review of any act or failure to act by the township. Bronco's sued, and the court ruled in favor of the township. Bronco's appealed, arguing the review portion of the ordinance was uncon- stitutional. DECISION: Reversed. The licensing ordinance did not ensure the requisite availability of a prompt judicial decision. Although most of the bases for denial of an application were objective, two of them called for an exercise of discretion by government officials. First, the ordinance required a judgment as to whether an applicant, who had been connected with a sexually oriented bUsiness during the past year, had "demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law-abldm~ manner. However, this vested unbridled discretion in the hands of the official making that judgment. Second, the ordinance required an assessment of the applicant's "fitness" by the chief of police. The ordinance listed the factors the police chief had to c:onsider, but the assessment was ultimately a subjective one.. 2005 Quinlan Publishing Group. Any reproduction is prohibited. For more information please call (617.) 542-0048 53