| 23-1199 |
Joanne Moskovic v. City of New Buffalo, Michigan |
Sixth Circuit |
2024-05-07 |
Denied |
Response Waived |
civil-rights due-process michigan-zoning-enabling-act property-rights regulatory-taking regulatory-takings short-term-rental substantive-due-process zoning zoning-ordinance |
Whether the Appellate Court erred in finding that Petitioner's use of her home as a short-term rental is not a residential use |
| 23-5881 |
In Re David Jah, Sr. |
|
2023-10-25 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights commercial-purpose conviction-standard due-process jury-determination legal-interpretation local-ordinance property-use standing takings zoning |
Whether a conviction can stand on a jury's determination that the subject property was used for a commercial purpose, despite the local ordinance requ… |
| 23-330 |
Ani Creation, Inc., dba Rasta, et al. v. City of Myrtle Beach Board of Zoning Appeals, et al. |
South Carolina |
2023-09-28 |
Denied |
|
amortization board-of-zoning-appeals business-rights civil-rights constitutional-claims due-process penn-central-test takings takings-clause zoning zoning-ordinance |
Does a city's zoning ordinance prohibiting an existing business from selling legal products constitute a taking? |
| 22-1143 |
Renee Sweet v. Douglas County Board of Commissioners |
Colorado |
2023-05-24 |
Denied |
Response Waived |
appellate-procedure civil-rights colorado-revised-statutes constitutional-rights courtroom-security douglas-county-colorado-zoning-resolutions due-process property-rights property-taking zoning zoning-resolution |
Is a zoning resolution a policy or the equivalent of a zoning ordinance? |
| 22-545 |
Sage Lewis, et al. v. Akron Board of Zoning Appeals |
Ohio |
2022-12-14 |
Denied |
Response Waived |
civil-rights constitutional-claim due-process emergency-shelter liberty-interest property-rights rational-basis rational-basis-test zoning zoning-code |
When a person wants to exercise the deeply and objectively rooted right to use liberty and property for the non-economic purpose of saving lives, does… |
| 22-309 |
City of Salinas, California v. New Harvest Christian Fellowship |
Ninth Circuit |
2022-09-30 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
circuit-split civil-rights equal-terms equal-terms-provision facial-challenge land-use-regulation religious-land-use rluipa zoning zoning-ordinance |
What must a RLUIPA plaintiff show in a facial 'equal terms' challenge? |
| 22-260 |
Burtonsville Associates, et al. v. Montgomery County, Maryland, et al. |
Fourth Circuit |
2022-09-20 |
Denied |
|
church-construction equal-terms equal-terms-claim free-exercise religious-exercise religious-land-use rluipa substantial-burden zoning zoning-denial |
Must a congregation prove reasonable expectation of zoning approval to establish substantial burden under RLUIPA? |
| 21-677 |
Donald Burns v. Town of Palm Beach, Florida |
Eleventh Circuit |
2021-11-08 |
Denied |
Amici (2) |
aesthetic-regulation architectural-design first-amendment free-speech individual-expression municipal-review residential-architecture takings zoning zoning-requirements |
Did the Town of Palm Beach violate Burns's First Amendment rights by denying his proposed home design based solely on aesthetics when the design met a… |
| 21-437 |
Yao Pone v. Board of County Commissioners for Calvert County |
Maryland |
2021-09-23 |
Denied |
Response Waived |
8th-amendment administrative-abuse civil-rights constitutional-rights due-process excessive-fines racial-discrimination takings zoning zoning-violations |
Were unjustifiable excessive fines imposed by the Calvert County's Planning and zoning employees to the Petitioner? |
| 21-219 |
Clear Channel Outdoor, LLC v. Henry J. Raymond, Director, Department of Finance of Baltimore City |
Maryland |
2021-08-16 |
Denied |
Amici (3)Relisted (2) |
billboard-regulation commercial-speech constitutional-scrutiny content-based content-discrimination first-amendment strict-scrutiny takings tax-law zoning |
Whether a tax singling out off-premises billboards is subject to heightened scrutiny under the First Amendment |
| 21-113 |
UJ-Eighty Corporation v. City of Bloomington Board of Zoning Appeals |
Indiana |
2021-07-27 |
Denied |
Amici (2)Response Waived |
constitutional-law due-process economic-self-interest municipal-regulation regulatory-power rivals self-interested-entity standing zoning zoning-ordinance |
Whether the Due Process Clause prohibits the government from vesting an economically self-interested entity with regulatory power over its rivals |
| 21-5130 |
Michael Storey v. City of Alton, Illinois |
Illinois |
2021-07-19 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure development-regulation due-process land-use municipal-law property-rights takings zoning |
Can a city deny a resident use of his land without due process? |
| 20-1497 |
Yao Pone v. Board of County Commissioners for Calvert County, Maryland |
Maryland |
2021-04-28 |
Denied |
Response Waived |
8th-amendment administrative-law administrative-procedure civil-rights county-regulations covid-19-restrictions due-process standing takings zoning zoning-violations |
Were the citations issued by the County sufficient notice of violations? |
| 20-821 |
Mountainlands Conservancy, LLC, et al. v. California Coastal Commission, et al. |
California |
2020-12-17 |
Denied |
Response Waived |
coastal-regulation due-process fourteenth-amendment land-use procedural-due-process property-rights substantive-due-process takings zoning zoning-law |
When the California Coastal Commission's certification of the County of Los Angeles' local coastal program imposed a complete ban on the establishment… |
| 20-739 |
Isaac Levin v. Kenneth J. Frank, Individually and as Corporation Counsel for the City of Binghamton, New York, et al. |
Second Circuit |
2020-11-27 |
Denied |
Relisted (2) |
abandonment conflict-of-law grandfathered-rights municipal-ordinances property-rights zoning |
Whether the application of abandonment to a grandfathered property and the applicability of municipal zoning ordinances to such property are properly … |
| 20-403 |
Jose Edward Valentin, et al. v. California |
California |
2020-09-28 |
Denied |
|
14th-amendment 5th-amendment constitutional-challenge criminal-law due-process fifth-amendment fourteenth-amendment municipal-code vagueness zoning zoning-ordinance |
Whether Santa Monica Municipal Code Section 9.51.020 (A)(1)(e) is unconstitutional |
| 20-65 |
Walter Reinhaus v. Zoning Board of Appeals of Cincinnati |
Ohio |
2020-07-24 |
Denied |
Response Waived |
administrative-law civil-rights constitutional-rights due-process historic-preservation municipal-law zoning zoning-dispute |
Did the court fail to recognize a constitutional right to due process? |
| 19-758 |
Kamal Anwiya Youkhanna, et al. v. City of Sterling Heights, Michigan, et al. |
Sixth Circuit |
2019-12-13 |
Denied |
Response Waived |
civil-rights consent-decree establishment-clause first-amendment free-speech local-government municipal-law public-forum religion religious-freedom zoning zoning-law |
Does a city council rule prohibiting private citizens from making disparaging comments about religion when speaking during the public comment period o… |
| 18-944 |
Tree of Life Christian Schools v. City of Upper Arlington, Ohio |
Sixth Circuit |
2019-01-18 |
Denied |
Amici (9)Relisted (2) |
circuit-split conditional-use-permit discrimination equal-terms equal-terms-provision facial-or-as-applied-violation free-exercise nonprofit-organization religious-land-use religious-land-use-and-institutionalized-persons-a rluipa standing tax-revenue zoning zoning-code |
What is the proper test for a RLUIPA equal-terms claim? |