Agenda - Planning Commission - 07/10/2006

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Page4--June 10,2006 Ripeness-- Landowner attacks new protection regulations Sues before filing application to develop her land Citation: Mainville v. Zoning Commission of Meriden, Superior Court of Connecticut, Judicial District of New Haven, at Meriden, No. CV980265281S (2006) CONNECTICUT (03/15/06) -- The Zoning Commission of the city of Meriden enacted new zoning regulations called '~The Ridgetop Protection Zone Change Petition." The regulations sought to conserve some of the land within the city. Malnville was a property owner who was concerned that the new regula- tions would affect her land value. Malnville sued the commission, arguing that the new regulations resulted in an unconstitutional taking of her property. DECISION: Judgment in favor ofcommisslon. The court could not consider Mainville's claim before the appropriate administrative agency had reached a final, definitive position regarding its application of the regulations at issue to Mainville's land. Importantly, Mainville had not submitted an application to the commission to develop her property. Courts have indicated consistently that the factors of particular si~ifi- cance in a takings inquiry included the challenged action's economic impact and the extent to which that action interfered with reasonable investment- backed expectations. Lacking an administrative position on the regulations made it impossible to gauge any impact that the regulation might have had on the land. Importantly, until Malnville tried to develop her land, there was no way to determine if a taking could occur. Ultimately, Mainville brought her lawsuit too soon to allow ~anting any relief. see also: Lewis v. Planning & Zoning Commission, 880 A.2d 865 (2005). see also: For~ Trumbull Conservancy LLC v. New London, 829 A.2d 801 (2003). Variance -- Proposed cell phone towers receive distance variances Neighboring property owner claims variances unsupported by law Citation: Roudakis v. City of Ruston, Court of Appeals of Louisiana, 2nd Circuit, No. 40,952-CA (2006) LOUISIANA (04/19/06) -- In 1998, the city of Ruston approved an ordinance that regulated the location and construction of cell phone towers. On June 2, _003, Ruston s board of aldermen approved variance apphcat~ons that Cingular Wireless submitted for two cell phone towers. The board granted Cingular variances from the zoning code's minimum © 2006 Quinlan Publishing Group. Any reproduction is prohibited. For more information please call (617) 542-0048. 174