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Zoning Law

Pennsylvania Appellate Procedure Real Estate Zoning Law

Commonwealth Court of Pennsylvania

Bozek v. Atlantic Wind — Internet Discovery of Wind Turbine Construction Did Not Toll MPC’s 30-Day Land Use Appeal Deadline

/ July 18, 2026

The Commonwealth Court affirmed the quashing of a land use appeal challenging a Fayette County wind power facility development plan, holding that the MPC’s 30-day appeal period ran from the date of the written approval decision — not from the objector’s internet discovery that construction had begun — and that the due process exception to the time limit must be affirmatively pleaded in the appeal.

Wyoming Administrative Law Constitutional Law Environmental Law

Wyoming Supreme Court

Warren Livestock v. Albany County — Supreme Court Upholds Aquifer Protection Overlay Zone and Extends Arbitrary-and-Capricious Review to All Agency Rulemaking

/ July 15, 2026

The Wyoming Supreme Court affirmed Albany County’s 2023 amendments to its Aquifer Protection Overlay Zone — including a 35-acre minimum lot size within the Casper Aquifer recharge area — holding that counties may use general zoning authority under Wyo. Stat. Ann. § 18-5-201 to protect groundwater without displacing WDEQ’s water quality jurisdiction. The court also established, for the first time in a published Wyoming opinion, that the arbitrary and capricious standard of review applies to all agency legislative action (rulemaking) under WAPA, resolving a gap left open by Bienz v. Board of County Commissioners, 2024 WY 102. Justice Hill dissented on authority, arguing the EQA grants WDEQ exclusive jurisdiction over water quality regulation.

New York Administrative Law Environmental Real Estate

Appellate Division, Second Department

Matter of Heinchon Dairy v. Village of Pawling Planning Board — Planning Board Cannot Reverse Its Own SEQRA Finding Without Explanation

/ July 3, 2026

The Appellate Division, Second Department affirms the annulment of a planning board’s denial of a mixed-use development application, holding that the board’s conclusory determinations—issued only eight months after it issued a SEQRA negative declaration supporting the project—were arbitrary and capricious because the board offered no factual findings or reasoning to explain the reversal.

Pennsylvania Administrative Law Statutory Interpretation Zoning Law

Commonwealth Court of Pennsylvania

Abdulhay v. Upper Macungie Township ZHB — Pennsylvania Adopts Two-Part Coverage-Gap Test for TCA Wireless Tower Variances After Loper Bright

/ July 3, 2026

The Commonwealth Court, sitting en banc, affirmed zoning variances for a 190-foot Verizon cell tower in Upper Macungie Township but adopted a new post-Loper Bright framework: carriers must first attempt to satisfy the MPC’s property-specific hardship requirements, then—if unmet—seek TCA-based relief under the two-part APT Pittsburgh coverage-gap-and-least-intrusive-means test, rejecting the Third Circuit’s FCC-derived “materially inhibit” standard. President Judge Cohn Jubelirer concurred in the result but vigorously disputed the majority’s analytical approach.

Indiana Administrative Law Municipal Law Real Estate

Indiana Supreme Court

Wike v. Grandview Solar — BZA Solar Farm Approval Without Proper ETJ Authority Was Voidable, Not Void; 30-Day Challenge Window Applies

/ June 26, 2026

The Indiana Supreme Court held that a Board of Zoning Appeals’ approval of a solar-farm special exception in the town’s two-mile extraterritorial fringe—issued before the town formally authorized extraterritorial jurisdiction in its comprehensive plan—was voidable, not void; landowners who did not challenge the approval within the statutory 30-day review period waived their objection.

New York Real Estate Law Zoning Law

Matter of Su Yan Chen v. Planning Bd. of Brookville

/ June 7, 2026

The Second Department affirmed a site plan approval, holding that the Planning Board’s role is limited to zoning compliance and does not extend to adjudicating private easement disputes between property owners.

New York Real Estate Law Zoning Law

Matter of Gez v. Town of Greenburgh Zoning Board of Appeals

/ June 7, 2026

The Second Department affirmed denial of area variances for a single-family residence, finding the ZBA’s application of the five-factor balancing test was rational.

New York Administrative Law Zoning Law

Matter of Board of Mgrs. of Westage Towers E. Condominium v. Planning Bd. of White Plains

/ June 7, 2026

The Second Department affirmed approval of a DISH Wireless antenna facility permit, holding that health-based RF emission objections are preempted by the Telecommunications Act of 1996.

North Carolina Administrative Law Evidence Municipal Law

North Carolina Court of Appeals

Hall v. Henderson County — Board of Adjustment Properly Permitted Addiction-Recovery Facility as Assisted Living Residence; Quasi-Judicial Body Not Bound by Rules of Evidence

/ June 9, 2026

The North Carolina Court of Appeals reversed the superior court and reinstated Henderson County’s grant of a special use permit for a residential addiction-recovery facility, holding that the Board of Adjustment properly classified the facility as an Assisted Living Residence because the county code’s use table enumerated ALR but not Mental Health Facility, and clarifying that a quasi-judicial body’s evidentiary rulings are reviewed for due process violation (on exclusion) or competent-evidence support (on admission)—not as errors of law under the Rules of Evidence.

North Carolina Municipal Law Real Estate Standing

North Carolina Court of Appeals

Daedalus, LLC v. Mecklenburg County — County Cannot Sue for Homeowner Damages, Owners Who Never Pleaded Their Own Claims Lose Damages Award

/ June 9, 2026

The North Carolina Court of Appeals vacated a trebled-damages award in a Mecklenburg County building-code enforcement suit, holding that a county lacks standing under Dillon’s Rule to recover monetary damages on behalf of private homeowners and that intervenors who never pleaded their own claims cannot collect from the county’s judgment, while remanding the underlying duplex-vs.-townhouse liability issue for re-evaluation under the 2012 and 2018 code editions that governed at the time of construction.

Virginia Municipal Law Real Estate Zoning Law

Court of Appeals of Virginia

Garrett v. Roanoke City Council — Planning Commission Had Authority to Continue Rezoning Hearing; No Re-Advertising Required

/ June 9, 2026

The Virginia Court of Appeals affirmed dismissal of a challenge to a Roanoke rezoning, holding that planning commissions have implied Dillon Rule authority to continue a rezoning hearing from one regularly scheduled meeting to the next without fresh advertising—the original notice covers the continued session, a post-hearing statutory amendment to Code § 15.2-2204 does not apply retroactively, and non-substantive amendments to the application do not independently trigger re-advertising.

Washington Municipal Law Zoning Law

Washington Court of Appeals, Division II

Spanaway Concerned Citizens v. Pierce County — Tacoma Rescue Mission Homeless Housing Village Survives Land Use Challenge; Sleeping-Unit Density Formula and Permit Vesting Upheld

/ June 9, 2026

The Washington Court of Appeals, Division II, affirmed Pierce County’s approval of a Tacoma Rescue Mission shared housing village, holding that (1) the county’s density formula counting each sleeping unit as 0.25 dwelling units is valid and controls density compliance, and (2) a land use hearing examiner lacks jurisdiction to adjudicate fee-title ownership disputes—a permit applicant that submits a statutory warranty deed and title insurance satisfies its ownership obligation even if a challenger asserts a competing historical claim to a portion of the property.

Connecticut Civil Procedure Real Estate Zoning Law

Connecticut Appellate Court

Berglass v. Dworkin — Appellate Court Affirms Dismissal of Fence Dispute for Mootness and Pleading Failures

/ June 8, 2026

Connecticut Appellate Court affirms dismissal of a neighbor fence dispute, holding the claim was moot because the fence was already built and the complaint failed to allege specific damage required for the private zoning enforcement exception.

Illinois Administrative Law Energy Law Municipal Law

Illinois Appellate Court, Fourth District

Tate Road Solar v. Winnebago County — Fourth District Holds Counties Retain Discretion Under Solar Siting Act

/ June 8, 2026

The Fourth District holds that the 2023 Statewide Siting Act does not strip counties of discretion over solar energy facility siting, affirming dismissal of solar developers’ mandamus claims against Winnebago County.

Washington Environmental Municipal Law Zoning Law

Washington Court of Appeals, Division I

Friends of Ravenna-Cowen v. City of Seattle — SEPA Appeals of FEIS Adequacy Not Barred by Housing Reform’s Appeal Prohibition Statutes; One Seattle Plan Environmental Review Must Proceed

/ June 9, 2026

The Washington Court of Appeals, Division I, reversed a hearing examiner’s dismissal of SEPA appeals challenging the adequacy of the FEIS for Seattle’s “One Seattle Plan,” holding that state housing reform appeal prohibition statutes (RCW 36.70A.600(3) and RCW 36.70A.680(3)) bar challenges to adopted housing-increasing planning actions but do not bar pre-decisional administrative appeals of FEIS adequacy under SEPA before the City Council votes on the underlying plan.

Ohio Constitutional Criminal Law Zoning Law

Ohio Court of Appeals (Ninth District)

Hudson v. Ravida — Ninth District reverses zoning conviction for failure to secure knowing waiver of right to counsel

/ June 8, 2026

The Ninth District reversed a zoning conviction because the trial court failed to conduct an adequate inquiry before accepting the defendant’s waiver of counsel, holding that the brief colloquy was insufficient given the complexity of the zoning regulatory scheme.

Ohio Administrative Law Civil Procedure Municipal Law

Ohio Court of Appeals (Eleventh District)

Kenjoh Outdoor Advertising v. Eastlake — Eleventh District dismisses mandamus challenging billboard moratorium for failure to name proper party

/ June 8, 2026

The Eleventh District dismissed a mandamus petition challenging a city’s billboard moratorium, holding that the relator failed to name the building administrator (the individual with the duty to act) and that the city building department, as a non-sui juris entity, could not be a mandamus respondent.