Tag Archives: Zoning

Insurance – CGL – Exclusions – ‘Your Work’ & Products Completed Operations Hazard – Zoning – Incorrect Permits – Loss of Use (access required)

Walde v. Association Insurance Co. The plaintiff-homeowners alleged that their contractor failed to obtain the correct permits and that, as a consequence, their barn had to be partially torn down, resulting in a loss of use. The contractor’s insurer was not required to defend or indemnify the contractor against the homeowners’ claims because their claims fall within the “your work” exclusion in the contractor’s commercial general liability policy.

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Municipal – Zoning – Special Exception Application – Fireworks Store (access required)

Wyndham Enterprises, LLC v. City of North Augusta Residents’ unsubstantiated concerns about increased traffic and decreased property values wasn’t enough to support the defendant-city’s denial of appellants’ request for a special exception to open a fireworks store in a commercial district. We reverse the circuit court’s order upholding the denial of appellants’ request.

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Municipal – Zoning – Auto Salvage Business – Alleged Oral Contracts – Due Process – County Code Violations – Environmental – Adjacent Superfund Site (access required)

Huggins, t/a SADISCO of Md. v. Prince George’s County, Md. A property owner who operated a salvage automobile wholesaling business on a parcel adjacent to Andrews Air Force Base’s CERCLA Superfund site, and whose business was cited for numerous county code violations, loses an appeal of the dismissal of its due process and state law claims against Prince George’s County, Md., for shutting down the salvage business pursuant to a consent order; the 4th Circuit says the owner failed to prove oral contracts under Maryland law.

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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.

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