Agenda - Planning Commission - 05/04/2006

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Page 6--April 25, 2006 permit. However, Blue Moon felt that the zoning ordinance, as written, gave too much unfettered discretion to the municipal decision-makers. Consequently, instead of applying for a conditional-use permit, Blue Moon sued. The court ruled in favor of the city, finding that Blue Moon could not show the necessary harm to sustain its case, because it did not apply for a conditional use permit first. Blue Moon appealed, arguing that the existence of the ordinance itself caused irreparable harm to its First Amendment free speech rights. DECISION: Returned to the lower court The court found that Blue Moon could show irreparable-harm without fu'st applying for a conditional use permit. In the context of prior restraints on speech or expression, when a licens- ing statute allegedly vested unbridled discretion in a government official over whether to permit or deny the expressive activity, one who was sub- jected to the law could challenge it without first applying for, and being denied, a license. Tae Bates City Municipal Code required an adult business to obtain a conditional-use permit prior to engaging in a protected activity. Therefore, it was a prior restraint. The loss of First Amendment freedoms, even for the period required to litigate a challenge, could constitute irreparable injury. .. Ultimately, Blue Moon did not have to apply for a permit before initiating its ._lawsuit. see also: Watkins Inc. v. Lewis, 346 E3d 841 (2003). see also: M.J. Entertainment v. City of Mount Vernon, 234 F. Supp.2d 306 (2002). Affordable Housing Agreement -- Developer seeks to modify housing plan further Commission denied request, which exceeded zoning code and existing waiver Citation: Millennium IV Limited Partnership v. Town Plan and Zoning Commission of the Town of Farmington, Superior Court of Connecticut, No. CV054015569 (2006) CONNECTICUT (02/22/06) -- Millennium (developer) owned a tract of land located in an affordable housing zone in Farmington. On May 16, 2000, the Town Plan and Zoning Commission (commission) unanimously approved a site plan for a multifamily housing development on the property. The development consisted of 94 units, in 47 two-story duplex structures. On Oct. 23, 2001, the developer and the town of Farmington entered into an affordable housing agreement as required under the zoning code. Section 3 of the agreement set forth the procedure to modify 'the plan for the units. At the 66 ~ 2008 Quinlan Publishing Group. Any repro~luction ~s prohibited. For more information please call (6ID 542-0048.