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.
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.
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.
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.
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.