Download PDF version Parties: Kim C. Datwyler, Neighborhood Nonprofit Housing Corporation and Smithfield City Issued: September 7, 2006Topic Categories: Exactions on Development Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Dedication of property for a park must satisfy “rough proportionality” analysis. Since the application appeared to satisfy the City’s ordinances, requiring additional access to the City’s road …
Advisory Opinion 2
Download PDF version Parties: Lorin Parks and Riverdale City Issued: July 11, 2006Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Interpretation of Ordinances Expressions of concern over soil stability, even if grounded in factual evidence, were not enough to overcome the conclusions of an expert study. The Developers presented expert testimony addressing the geologic concerns. …
