Quantcast
Home / Opinion Digest / Zoning

Zoning – Adult Entertainment – Constitutional – First Amendment – Time, Place & Manner Restrictions – Licenses & Permits (access required)

MJJG Restaurant, LLC v. Horry County (Lawyers Weekly No. 002-089-14, 39 pp.) (Mary Lewis, J.) 4:13-cv-00885; D.S.C. Holding: Although prior restraints on speech are generally disfavored, Horry County’s time, place and manner restrictions on adult entertainment fall within an exception ...

Read More »

Zoning – Court Upholds Denial of Substation Expansion (access required)

Washington Gas Light Co. v. Prince George’s County Council A gas company seeking to expand its natural gas substation in Prince George’s County, Md., cannot challenge the county’s denial of their request in this federal lawsuit; the 4th Circuit affirms the district court decision dismissing the company’s claim under the state’s “mandatory referral statute” and granting summary judgment to the county on state and federal preemption claims

Read More »

Zoning – Cell Phone Tower – Residential Area – Permit Denial – Telecommunications Act (access required)

New Cingular Wireless PCS LLC v. Fairfax County Bd. Supers. A county board of supervisors’ denial of a special exception permit to allow construction of an 88-foot cell phone tower in a residential neighborhood in Fairfax, Va., did not violate the Telecommunications Act of 1996; the 4th Circuit says substantial evidence supported the board’s decision, and the permit denial did not effectively prohibit wireless services under the Act.

Read More »
Scroll To Top