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MD Appeals Court Finds Board Violated Open Meetings Law with Partially Closed...

The Board of County Commissioners of Charles County, after holding hearings and conducting a site visit to the subject property, granted a conditional special exception to WSG Holdings, allowing WSG to...

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Alaska Supreme Court Finds Site Inspection is a Governmental Meeting and...

The Kniffens purchased two parcels of land: an undeveloped tract with the intent to build a subdivision and a lot in the Gold Country Estates subdivision.  The Kniffens intended to connect their new...

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New Hampshire Supreme Court Holds Board Discussion of Attorney-Created...

A group of neighboring property owners challenged actions of the Town of Madison Planning Board in discussing a proposed condominium project behind closed doors, arguing that the discussion violated...

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NY Appellate Court Dismisses Claim of Open Meetings Violations and Upholds...

Michael Braunstein, and others, collectively petitioners, own 150 acres of land on Copake Lake, New York, which includes an island separated from the mainland tract by a narrow canal.  Petitioners...

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MD Court of Appeals Holds Zoning Board of Appeals Violated Open Meetings Law...

Following a site visit the zoning board granted WSG’s application for a special exception to build an office building, gun range, and driving track to conduct tactical research on a parcel of land in a...

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RI Supreme Court Holds Zoning Board Violated Open Meetings Act by Failing to...

In November of 2008, the City of Newport received a letter from Congregation Jeshuat Israel requesting an extension the time to make improvements to its property that had previously been approved on...

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NY Appellate Court Holds Town Did Not Violate Open Meetings Law By Moving...

Monticello Hills Wind, LLC (“Monticello”) applied to the Town of Richfield (“Town”) Planning Board (“Board”) for a special use permit for a construction project.  The Board held a public hearing for...

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TN Appeals Court Finds County’s Notice was Adequate Under Open Meetings Law

The Islamic Center of Murfreesboro (“ICM”) submitted a site plan to the Rutherford County Planning Department to construct a mosque in Rutherford County (“County”), Tennessee.  After a planning...

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Hawaii Supreme Court Find Violation of Open Meetings Law

Petitioners/Plaintiffs-Appellants (“Petitioners”) in this case were a group of residents of Maui, Hawai’i, who challenged the Land Use Committee’s (“LUC”) and the Maui County Council’s (“MCC”) passage...

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MT Supreme Court Declines to Void Comprehensive Plan for Violation of Open...

Property owners in Lakeside and Somers, Montana, brought a challenge to the Flathead County Commissioners’ December 2010 approval and adoption of a revised neighborhood plan, which the neighbors...

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PA Sup. Court Holds Meetings for Purposes of Information and Not Deliberation...

Richmond Township, Pennsylvania was engaged in litigation with the Lehigh Cement Company (“Lehigh Cement”), and the East Penn Valley Residents Group (“Citizens Group”) over the possible expansion of...

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California Supreme Court Finds GIS Mapping is a Public Record Subject to...

The Sierra Club commenced an action after attempting to obtain a copy of the Orange County Landbase, a GIS-formatted database of properties in Orange County, under the California Public Records Act....

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WA Supreme Court Finds County SEPA Appeal Procedure Violated State Law,...

Homer L. Gibson owned approximately 84 acres of property zoned “A-20” where the previous owner received a conditional use permit “for gravel extraction on one 13.4-acre parcel of the property” in 1997....

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TX App. Court Holds Board of Appeals Properly Interpreted “Adjacent” Meaning...

Legacy Hillcrest Investments, LP sought to develop the property by rezoning the lots as PD or planned development. In 2001, Legacy proposed a 270,500–square–foot building for office, restaurant, and...

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NY Appellate Court Finds Action Challenging the Propriety of an Agreement Did...

In 2011, respondent New York Safety Track LLC made an application for site plan approval to respondent Town of Harpersfield Planning Board to convert a former airport property to a motorcycle safety...

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CT Supreme Court Holds Planning and Zoning Commission Violated Open Meetings Law

The dispositive issue in these appeals is whether an executive session held by the named plaintiff, the Planning and Zoning Commission of the Town of Monroe, fell within the purview of the...

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ME Supreme Judicial Court Upholds Conditional Use Permit for Disc Golf Couse...

In March 2013, Wayne and Michelle McClellan applied for a conditional use permit to build a disc-golf course in Saco on land abutting a campground owned by Fred Fitanides.  The proposed site for the...

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TN Appeals Court Reverses Finding of Open Meetings Act Violation and Allows...

This appeal arose from the trial court’s grant of summary judgment to Appellees on their Open Meetings Act claim, and the grant of partial summary judgment to Appellees on their Fair Housing Act...

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NY Appellate Court Upholds Board’s Denial of Revocation of Building Permit...

Despite the objection of petitioner’s regarding a shed permit for a neighbor, the appellate court noted that the neighbors had constructive notice as early as 2009 that the shed owners had been issued...

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CO Appeals Court Holds It was An Abuse of Discretion to Deny Access to...

The Pitkin County Attorney’s Office received a citizen complaint regarding a potential code violation on Shook’s property. As a result, the Pitkin County Code Enforcement Officer, Carrington Brown,...

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