Tag: zoning

Judge Rules in Favor of New Hampshire Bakery in Fight Over Donut Mural

A New Hampshire bakery has won a crucial victory in its fight to preserve a mural of donuts and other baked goods above its storefront. While town officials have attempted to force the bakery to remove the mural, citing zoning regulations, a federal court ruled on Monday that the city cannot enforce its sign rules against the bakery.

In 2022, Sean Young, the owner of Leavitt’s Country Bakery, a popular bakery in Conway, New Hampshire, collaborated with a local high school art class to paint a mural for the bakery’s storefront. The students’ mural depicted baked goods forming the shape of a mountain range, with a multicolored sunrise in the background. Initially, the mural didn’t cause any controversy—and it was even covered positively by local media. However, about a week after being installed, Conway’s Code Enforcement Officer Jeremy Gibbs told Young that the mural violated town zoning rules.

According to the town, the mural violated local laws that regulate signs. Because the mural depicted baked goods—which the bakery obviously sells—it was deemed a “sign,” not a mural, and signs are subject to rules limiting their size. While the town’s rules define a sign incredibly broadly, in practice, the town only enforces its sign regulations on speech it perceives as commercial in nature. If Leavitt’s Country Bakery had erected a mural of just a sunrise, for example, the town would have no problem with it, even though the rules on the books would apply to both. “Imposing different burdens on speech depending on who is speaking and what is being said is content based and speaker based restriction on free speech,” reads a 2023 complaint from the Institute for Justice, a public interest law group, which represented the bakery in its lawsuit against Conway.

On Monday, a judge agreed. While the judge noted that the town’s sign rules, as written, don’t necessarily violate the Constitution, the selective nature of the town’s enforcement does. “The court rules only that Conway’s application of its sign code, and specifically its enforcement of the sign code to the Leavitt’s sign in the particular manner it employed in this case, does not withstand any level of constitutional scrutiny,” reads a ruling from District Judge Joseph N. Laplante enjoining the town from forcing Young to remove the mural. “Although the display may have violated the sign code because of its size, Gibbs’ determination was based on a rationale with no textual basis in the sign code, which does not distinguish between displays based on content.”

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Trump’s DOJ Files Federal Lawsuit Against Small Idaho Town for Targeting Evangelical Church

President Trump’s Department of Justice has filed a federal lawsuit against the far-left leadership of Troy, Idaho, accusing the city of blatantly targeting a Christian congregation simply for trying to worship.

The lawsuit, United States v. City of Troy, is a blistering rebuke of how local officials weaponized zoning codes to shut down Christ Church, a growing evangelical church based in neighboring Moscow, Idaho.

Trump’s DOJ alleges that city leaders engaged in open discrimination, suppressing the church’s right to assemble — while allowing secular organizations to flourish in the same exact zone.

Christ Church, with a congregation too large for its Moscow area, sought to expand into Troy.

They tried renting a former bank building downtown to host Sunday services — a common sense solution given the building had been vacant for over a year and had ample street parking.

But after just two services, the city attorney sent a cease-and-desist order. The message was clear: Churches are not welcome in downtown Troy.

The church followed the law, applied for a Conditional Use Permit (CUP), and faced nothing short of a hostile inquisition.

City officials opened the floodgates to anti-Christian bigotry during the permit hearing. Opponents called Christ Church “a hate group,” accused it of “grotesque” beliefs, and claimed it would “destroy another Idaho town.”

The council then cited these comments — rooted in religious animus — as part of their decision to deny the church the right to worship.

Under Troy’s zoning code, churches are treated as second-class citizens, requiring a special conditional use permit to operate in the very same downtown district where art galleries, community centers, libraries, and even fraternal organizations are allowed to operate without any permit at all.

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Zoning Regulations Empower Control Freaks—and Bigots

Imagine you’re a member of a religious minority that’s on the receiving end of a lot of hate, and the local zoning board is giving you a hard time over plans to expand your house of worship. Is it regulators being their nitpicky selves? Are the neighbors weaponizing rules to squeeze out the cars and foot traffic that accompany any successful endeavor? Or could it be hostility directed at your faith? Zoning has been used and abused in all these ways, which underlines the need for reform.

Bigotry Through Red Tape

“A proposal to dramatically expand Harvard Chabad’s Banks Street headquarters failed to win approval from the Cambridge Board of Zoning Appeals during a contentious Thursday public hearing,” The Harvard Crimson reported last week. “The rejection leaves the Jewish student organization to revise and clarify the proposal before a follow-up hearing in June.”

Harvard Chabad’s Rabbi Hirschy Zarchi told me that opposition to the group’s expansion has featured many “inappropriate comments” including suggestions that the group is “too visibly Jewish.” Other criticism, he says, is more “classic NIMBY,” though it sometimes touches on the nature of Chabad in the former of objections to the presence of security often required by Jewish organizations after October 7.

Zarchi and company aren’t alone. Just last month, the U.S. Department of Justice warned officials in Hawaii about their efforts to block operation of a Chabad house. The plaintiffs in a lawsuit against Hawaii County “have established a likelihood of success on the merits” of their claims of bias, according to Kristen Clarke, assistant attorney general of the U.S. Justice Department’s Civil Rights Division.

Part of the problem in Cambridge could be general opposition to houses of worship, which draw crowds but don’t generate much money for revenue-hungry governments.

“Many land-use disputes aren’t about explicit bigotry,” Emma Green wrote in 2017 for The Atlantic. “They arise from concerns about noise, lost property taxes, and Sunday-morning traffic jams. The effect is largely the same, and can be just as devastating as outright hatred: A religious community is dragged into a lengthy, and costly, dispute with a city or town.”

Use of zoning laws to block churches, synagogues, and mosques has been such a problem that it inspired the passage of the Religious Land Use and Institutionalized Persons Act in 2000. “Zoning codes and landmarking laws may illegally exclude religious assemblies in places where they permit theaters, meeting halls, and other places where large groups of people assemble for secular purposes,” notes the Department of Justice in a commentary on the law. That the effort wasn’t fully successful is apparent from the fact that the Justice Department is still cautioning jurisdictions over land use regulations that, as in Hawaii, explicitly discriminate against religious groups.

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Girl Scout, 13, is fined $400 for selling cookies on her grandparents’ driveway for three very bizarre reasons

A Wyoming Girl Scout and her mother were hit with $400 in fines for selling cookies from a stand in her grandparents driveway.

Erica Fairbanks McCarroll and her 13-year-old daughter Emma were selling cookies after school on Erica’s parents property along Main Street in Pinedale when they were approached by a code enforcement officer on March 13.

Fairbanks McCarroll told DailyMail.com the woman, who was driving the town’s animal control vehicle and did not identify herself as code enforcement, told them they could not block the sidewalk.

The mother and daughter pulled back their stand and continued to sell cookies for two more days before the woman showed up again and handed them citations.

‘We sold for about 1 hour and 30 minutes when she showed up and handed me 3 parking tickets totaling $400,’ Fairbanks McCarroll said on Facebook.

‘I responded that I had complied with what she had asked and had moved off the sidewalk. She said the tickets aren’t just for being on the sidewalk and that this is for your daughter’s safety.’

Fairbanks McCarroll was given a $100 fine for parking on the sidewalk, a $150 fine for unlawful obstruction and another $150 fine for a municipal code that said there needs to be at least five feet of unobstructed passage on the sidewalk.

‘Sometimes I just think that government can be unreasonable. It wasn’t reasonable to be fined $400 for selling cookies in front on my grandparent’s property,’ Emma told Cowboy State Daily, who photographed the mother daughter duo.

Emma, who has been a Girl Scout since she was six years old, was aiming to sell 1,200 boxes of cookies so she could receive a $350 credit for summer camp.

Fairbanks McCarroll said, ‘She did not identify herself as Code Enforcement, she did not say what I was doing was illegal, she didn’t say she would or even could write me a ticket, she didn’t even say I couldn’t sell there anymore. All she said really was you shouldn’t block the sidewalk.’

When the code enforcement officer told her the Fairbanks probably would not like her blocking their property, Fairbanks McCarroll said: ‘I responded with ‘the Fairbanks are my parents and they don’t care.’ She then said ‘okay well I just recommend you don’t block the sidewalk’ and left.’

The town of Pinedale released a statement insisting the officer was acting under official capacity when she approached Fairbanks McCarroll and warned her several times to move before issuing the citations.

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Top Maryland Lawmaker Calls Out Counties For Blocking Marijuana Dispensaries

An effort by some counties to use zoning to limit if not prevent the opening of cannabis dispensaries has drawn the ire of the powerful chair of a House committee in Annapolis.

House and Senate panels are considering legislation that would make it tougher for local governments to restrict where cannabis dispensaries can locate. House Economic Matters Committee Chair Del. C.T. Wilson (D-Charles) said counties are trying to countermand the newly legalized cannabis market and the state’s efforts to limit if not end illegal sales.

In the months that followed the first legal recreational sales in July, some counties looked to zoning to slow the opening of new dispensaries. Those efforts are now the focus of legislation designed to block those attempts, which sometimes seek to prevent any sales of the drug or are born out of the concerns about the clustering of alcohol and tobacco shops in Black and brown communities.

“This was thought out,” said Wilson, speaking of the state’s entry into legal recreational cannabis sales. “This was not done randomly. And this is not about state control. It is about protecting people, protecting us and protecting a now legitimate business. So I want to make sure we understand that we are not here to stuff them, to cluster them.”

Wilson’s HB 805 prohibits counties from imposing zoning regulations more restrictive than those imposed on retail liquor stores. Current law prohibits dispensaries within 500 feet of a playground, recreation center, library, public park, or place of worship. Wilson’s bill qualifies that restriction to pre-existing facilities.

Wilson said he will ask for an amendment to increase the distance between dispensaries from 1,000 feet to 1,500 feet.

Counties can reduce but not increase the statutory distance requirements for dispensary locations.

Some lawmakers worry the bill will usurp county zoning authority.

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Good Times, Bad Times: Eviction Edition

Happy Tuesday and welcome to another edition of Rent Free. Despite the ink still wet on many state-level YIMBY reforms prodding local governments to allow housing, we’re already witnessing a concerted counter-revolution from the forces of local control. This week’s stories include:

  • Slow-growth activists in the Boston-adjacent suburb of Milton, Massachusetts, have successfully overturned state-required zoning reforms that allowed apartments near the town’s train stations.
  • Local governments in Florida are trying to defang a new state law allowing residential high-rises in commercial zones with lawsuits and regulatory obstructions.
  • A lawsuit against Arlington, Virginia’s exceedingly modest “missing middle” reforms that were passed last year trundles on.

But first, our lead item is a short take on how America’s overregulated, undersupplied housing market turns good things, like economic growth, into bad things, like more evictions.

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Michigan Township Bans All Cemeteries To Prevent Family from Starting One

A Michigan couple wanted to start a “green” cemetery, a place where the dead can be buried in a more natural and environmentally friendly manner. Local officials didn’t want that—so they banned all cemeteries within the township.

Instead of pumping bodies full of preservatives like formaldehyde and burying them in wood-and-metal caskets or concrete vaults, green burials involve placing the deceased directly into the ground to decompose naturally into the soil, often in biodegradable wood caskets or cotton shrouds.

Peter Quakenbush tells Reason that he learned about the process while working in wildlife management. “I’ve always been interested in biology and nature, and I have a few degrees in biology,” he says. The idea of preserving a natural green space while simultaneously providing people an environmentally friendly place to be buried—which would, in turn, provide natural nourishment for the forest—struck him as “a really wonderful kind of win-win combo.”

Peter and his wife Annica set about to make the dream a reality. After years of searching, they found a 20-acre parcel of undeveloped land within an hour of Grand Rapids that would make a suitable site. There they planned to establish the West Michigan Burial Forest, developing the land using criteria set out by the Green Burial Council, a private organization that certifies green cemeteries. As of December 2023, the council had certified 333 green cemeteries in the U.S. and Canada.

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Zoning Bans the Good Samaritan

Since March 2023, Chris Avell’s church, Dad’s Place, in Bryan, Ohio, has been keeping its doors open 24/7 for anyone who might stop by to use the church’s kitchen, get food for themselves or their pets from its pantry, or join in church services.

When the homeless shelter next door is full, Dad’s Place will take in some of those people too. Avell considers all these activities a core part of his church’s mission. The city of Bryan, however, considers his sheltering of people an illegal, residential use of a commercially zoned property.

This past New Year’s Eve, when Avell was arriving at the church to preach that Sunday morning, a police officer served him with 18 criminal charges related to violations of the town’s zoning code. Avell pleaded not guilty to those charges earlier this month.

Churches’ charitable activities often don’t fit neatly into zoning codes’ definitions of commercial and residential uses. For that reason, they often get dinged with code violations for doing things like operating a soup kitchen in a residential area or sheltering people in a commercial zone.

The fact that churches are also serving the poor and homeless can make them a target of nuisance complaints from neighbors and extra scrutiny and enforcement from local officials as well.

Bryan’s decision to criminally charge Avell is nevertheless unusually punitive.

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California Officials Force Elderly Couple To Dismantle Home, Citing Blocked Ocean Views

The two-story mobile home that Michael and Susan Christian own and live in in the Orange County beach community of San Clemente, California, isn’t blighted, dangerous, ugly, or even unpopular with the neighbors.

But it is a little too tall, according to state officials with the California Coastal Commission.

For over a decade, the commission—a state agency with the final say over most development on the California coast—has been arguing that the Christians’ addition of a second story to their home obscures ocean views from a nearby walking trail. It also argued the couple added that second story without getting the required permits from the commission.

Late last month, a California appeals court sided with the commission, ruling that the Christians must comply with its demands to shrink their house from its current 22 feet in height down to 16 feet. The Christians’ representatives say that will require them to completely tear down and rebuild the home.

“They’re an elderly couple. They’re in their 70s. They have all kinds of health issues. This is their only home; they live in it,” says Lee Andelin, one of the Christians’ lawyers. Dismantling the home “is going to cost them millions of dollars, for what? There’s not a broader benefit for the public.”

Andelin argues the ruling will embolden the commission to place even more restrictions on coastal homeowners’ ability to improve their properties.

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Gov. Kathy Hochul Plan to Overrule Local Zoning as Democrats Head Into Election Season

New York Democratic Gov. Kathy Hochul confirmed she is dropping an initiative to pass legislation mandating the Empire State expand its housing growth in individual communities as Democrats head into an election season that could prove contentious.

“I’ll work with [the Legislature], but I also have so many priorities, I’m not going to head down the same path we did last year with the exact same plan, in a year that is an election year for members,” Hochul said Thursday at an unrelated event, according to City & State.

Hochul is readying to release her agenda for 2024, but pursuing legislation that would mandate housing construction will not make the cut, sources previously told City & State. Housing was a cornerstone of Hochul’s agenda after she was elected to four years in office in 2022.

Hochul attempted to rally the legislature to pass her “New York Housing Compact” earlier this year, which aimed to build 800,000 new homes and affordable housing over the next decade. The plan would have handed the state new authority to override zoning laws in towns that did not want to comply with expanding housing options.

The plan, however, failed in the legislature this spring, after lawmakers, most notably in New York City suburbs, railed against Albany having a say in how municipalities build and regulate housing.

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