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54 Land Use L. & Zoning Dig 1 (2002)

handle is hein.journals/planevirw54 and id is 1 raw text is: & Zoning Digest Commentaries p. 3 Attorneys Joel Russell and Jon Witten, along with planner Tom Broadrick, critique provisions of the Massachusetts land-use and planning statutes that they believe need fixing. Judicial Decisions p. 9 Zoning ordinance listing minimum requirements for a conditional use permit for manufactured homes does not preclude city from considering other factors to ensure proposed use is compatible with surrounding property, Rolling Pines Limited Partnership v. City of Little Rock, 54 ZD 2. Plan commission denial of plat application is quasi-judicial in nature and should be upheld if there is substantial evidence that the plat does not meet objective requirements, Broward County v. G.B.V. International, Ltd., 54 ZD 12. City had burden of proving proper posting of notice of annexation; absent such proof in the record, court lacked jurisdiction to approve the annexation, Norwood v. Extension of the Boundaries of the City of Itta Bena, 54 ZD 20. Property owners should not have been allowed to testify concerning the highest and best use of condemned property unless a foundation was laid establishing their expertise, City of Hildale v. Cooke, 54 ZD 44. Developers who obtained final subdivision approval requiring payment of recreational impact fee or requiring development of recreational facilities are exempt from subsequently enacted fees under grandfathering language in ordinance, MBL Associates v. City of South Burlington, 54 ZD 45. Town not entitled to use Act 250 retroactively apply its new zoning regime to a previously-approved development plan, In re Kisiel, 54 ZD 46. The doctrine of diminishing assets is adopted to extend the nonconforming mining use to the entire parcel, City of University Place v. McGuire, 54 ZD 48. Vol. 54 No. 1 JANUARY 2002 Cases 1-51 Laws 1001-1015 New Legislation p. 31 California's Office of Planning and Research will adopt guidelines for addressing environmental justice matters in municipal general plans, 54 ZD 1002. Louisiana has enacted the Community Development District Act to establish procedures for the creation of independent districts to manage and finance basic community development services, 54 ZD 1004. Ohio has revised its statute to require issuance of a permit and payment of a review fee for activities on isolated wetlands not subject to the federal Water Pollution Control Act, 54 ZD 1008. Municipalities in Rhode Island may impose limitations on the number of building permits or other land-use approvals, consistent with the comprehensive plan, 54 ZD 1013. Index p.34 Index to Judicial Decisions, p.34

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