Agenda - Planning Commission - 06/01/2006

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z.g. May 10, 2006 ~Page 5 to stores with more than 50,000 square feet was arbitrary. Arational relationship between the size classification and the goal of protecting the downtown mer- chants simply did not exist. see also: Elysium Institute Inc. v. County of Los Angeles, 232 Cal. App.3d 408 (1991). see also: Friends of Davis v. City of Davis, 83 Cal. App.4th 1004 (2000). Tribal Lands -- Tribe seeks immunity from zoning laws Wants to retain complete sovereignty over area Citation: The Seneca-Cayuse Tribe of Oklahoma v. Town of Aurelius, U.S. District Court for the Northern District of New York, No. 5:03-CV-00690 (2006) " NEW YORK (02/14/06) -- The Seneca-Cayuga Tribe of Oklahoma sought a declaration that certain property within the Town of Aurelius, N.Y., was Indian Country within the definition of United States law. At the same time, the tribe filed suit against Aurelius, seeking a declaration that the town could not en- force its zoning and land use laws on any tribal property. DECISION: Judgment in favor of the tom. Here, impossibility barred the tribe from asserting immunity from state and local zoning laws and regulations for its land. Avoiding compliance with local zoning and land use laws was disruptive. Given the state's strong interest in zoning its land without exception for a small number of Indian-held properties likely arranged in a checkerboard fashion, the balance of interests obviously supported retaining state jurisdiction. Ultimately, the tribe's request for immunity from state and local zoning laws and regulations was too disruptive to the everyday administration of state and local government. see also: City of Sherrill v. Oneida Indian Nation, 544 U.S. 197 (2005). see also: Cayuga Indian Nation of New York v.'Pataki, 413 F. 3d 266 (2005). Nonconforming Use m Landowner excavates topsoil before passage of zoning ordinance Township claims landowner's actions not enough tO support prior nonconforming use ~ Citation: Swan Creek Township v. Wylie & Sons Landscaping, Co~trt of Appeais of Ohio, 6th App. Dist., Fulton Co., No. F-05-005 (2,006) OHIO (02/10/06) --Wylie & Sons Landscaping (Wylie) mined, excavated, and sold topsoil and sand. Because of noise concerns, a neighborhood group con- vinced the Swan Creek Township to pass a zoning ordinance that precluded mining or excavating. © 2006 Quinlan Publishing Group. Any reproduction is prohibited. For more information please call (617) 542-0048. 77