Latest news with #zoninglaws
CTV News
11 hours ago
- Business
- CTV News
Illegal truck terminal in Halton Hills fined, prohibited from operating on property
An illegal truck depot on Winston Churchill Boulevard in Halton Hills has been fined, and prohibited from using the property on which it was operating and ordered to restore it. One Value Limited along with two of its directors were recently convicted of one zoning charge (illegal use) and three site alteration charges: two for failing to obtain a site alteration permit and one for failing to comply with a site alteration order. Further, the court has issued a prohibition order under the Provincial Offences Act, which prohibits an individual or entity from engaging in certain activities related to the offence they were convicted of. '(This order) is typically issued to prevent further harm, protect the public, or ensure compliance with provincial regulations. In the case of an illegal site alteration, it can also require restoration of the property,' the town said in a June 25 news release. 'Our valued farmland must not be destroyed by illegal truck terminals,' Mayor Ann Lawlor added. Halton Hills says it has been vigilant in enforcing By-law 2010-0050, noting that truck depots can house hundreds of illegally parked trucks. When in use, these vehicles 'add to traffic congestion, negatively impact farmland and threaten safety given the size and mobility of these 40-foot tractor trailers,' it said. The Town of Halton Hills, which has a population of about 64,000, noted that it has a zoning by-law in place that prohibits storing or parking commercial motor vehicles on residential and agricultural properties, most of which are along Steeles Avenue. 'We currently have over 50 properties in Halton Hills with illegal land use violations including illegal truck depots,' Susie Spry, manager of enforcement services, said.
Daily Mail
10-06-2025
- Business
- Daily Mail
Residents on ritzy Nantucket street score triumph after turning on neighbors in bitter legal battle
Wealthy Nantucket residents have scored a legal win against neighbors who were operating short-term rentals out of their historic district. Massachusetts Land Court judge Michael Vhay ruled that vacation rentals violate zoning laws in the island's ritzy historic district. The judge sided with Silver Street resident Cathy Ward in her lawsuit against neighbors Peter and Linda Grape, who had been operating short-term rentals on West Dover Street in Nantucket. The judge overturned a September 2024 decision by the Nantucket Zoning Board of Appeals that had permitted the rentals. Vhay ruled that current zoning bylaws prohibit rentals shorter than 31 days in the Residential Old Historic district, except for room rentals within owner-occupied homes, as reported by the Nantucket Current. The decision ultimately bans most short-term vacation rentals in the neighborhood. The ruling comes after years of dramatic neighborhood disputes over vacation rentals on the exclusive enclave, which is known as 'Billionaire's Isle'. Town officials have tried six times to legalize short-term rentals through local votes but residents have repeatedly rejected the proposals. The most recent attempt in May failed despite majority support as it fell short of the required two-thirds threshold. Town counsel John Giorgio had warned voters that rejecting local solutions would leave the matter 'in the hands of a judge in Boston.' 'It is in the best interests of the town - it's actually imperative - that you solve this problem locally,' Giorgio said ahead of the vote. 'And I mean here at [a] town meeting. If you don't, as I've said before, you're leaving it in the hands of a judge in Boston to make this decision for you. That comes with a substantial amount of risk to the town, to homeowners, both seasonal and year-round residents.' But planning board chairman David Iverson called the decision 'far more damaging' than Judge Vhay's initial ruling in March 2024. He claimed that without explicit zoning approval, the rentals 'are not legal.' 'I also don't think he's wrong in saying that unless it's expressly allowed in the zoning code, it's not allowed. That's our problem. They're not legal. That's the importance of putting a Y (yes) in the use chart and regulating through a general bylaw.' Iverson accused ACK Now, a campaign group made up of local residents, of having hidden motives and claimed the decision 'shows the true intentions' of the group. 'It's frustrating,' he said. 'We've gone down this road and the decision shows the true intentions of ACK Now: It's not to protect locals' right to rent, it's to stop all short-term rentals. I hope this motivates people. I'm not pro short-term rentals.' He warned that the ruling creates a 'troubling' precedent that could potentially hurt future generations with regulatory challenges. 'I want to create a regulatory system that works for the next generation and is not so cumbersome that those who come after us don't have the same challenges with regulations. So I think this is a troubling decision.'
Yahoo
07-06-2025
- Politics
- Yahoo
Douglas woman fights to keep her backyard chicken coop
DOUGLAS, Mich. (WOOD) — A Douglas woman is in a legal fight to keep the chickens that she has been raising in her backyard for months. Kathy Sarkisian told News 8 that she has been a big advocate of health and wellness for much of her life. She said that having backyard chickens felt like the next step in that journey, for the added health benefits chicken eggs have. 'It was just absolutely perfect,' she said. 'It fit right into everything I believe in.' So, Kathy went through the permitting process with the city. Ultimately, a zoning official approved her permit and she began building, which she said costs her about $23,000. Shortly after her permit was accepted, the dream started to fade away. She said a city zoning official said a neighbor had objected to her chickens, which according to their city's ordinance would mean that her permit quote 'Shall not be granted, with no right of appeal.' 'When cities subjugate their authority to an individual, another property owner, they create dissension among their residents and that really bothers me,' Sarkisian said. Ultimately, Kathy said she was told to get rid of her chickens, which she did not do, leading her to being fined everyday that she has them. So, she filed a federal lawsuit against the city. A complaint was filed to the U.S. District Court for the Western District of Michigan stating: 'The city is depriving Kathy of her constitutional and civil rights, including the right to make productive use of her land without unreasonable governmental interference.' 'What if I had the authority to just say 'Nope, I don't want you to use that, so you can't.' It's kind of the same thing,' Sarkisian said. The lawsuit goes on to add that the city violated its own process by allowing neighbors to object to this after a permit had been granted. Kathy is being represented by the Pacific Legal Foundation. One of her attorneys told News 8 that the ordinance is unconstitutional and a violation of her civil rights protected by the Constitution. 'Neighbors can't wield government power like they are here,' Austin Waisanen, a property rights attorney with the Pacific Legal Foundation told News 8. 'The threat is that next time it won't just be chickens in your backyard, it'll be chickens playing in your backyard or barbequing or many other ordinary uses of land.' Sarkisian told News 8 that this means more to her than just chickens. It's about doing what is right. 'Most everybody told me 'Don't do it, it's going to be a problem, it is going to cost you a fortune, just get rid of the chickens,' and I am like, 'It's just not right. Sometimes you have to stand up and do what is right,'' she said. 'I am not holding any grudges, I just want the city to make it right and create a constitutional law.' News 8 did reach out to the City of Douglas for comment, but they declined due to the ongoing litigation. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Daily Mail
23-05-2025
- Business
- Daily Mail
New Hampshire bakery wins free speech case over pastry mural
A New Hampshire bakery owner has won a legal victory over the local authority after it tried to tear down its donut art. Leavitt's Country Bakery, located in the heart of the picturesque New England town of Conway, was ordered to take down an art mural on the front of its store for violating zoning laws. The mural on top of the local institution known for its homemade doughnuts was made by local high school students and features New Hampshire's famous White Mountains in whimsical baked goods form. Conway local authorities, however, did not see the funny side. Last year they ordered Leavitt's Bakery owner Sean Young to take the art down as it allegedly contravened the town's zoning laws. The mural was apparently four times larger than those permitted for commercial signs. Young however argued that the mural was art, not commercial advertising, and filed a First Amendment lawsuit against Conway seeking $1 in damages. Now U.S. District Judge Joseph Laplante says the donut art can stay. '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,' the Judge wrote in his ruling. The ruling comes after a tense bench trial in February where both the bakery and the town presented their evidence and eyewitnesses. Young told The Wall Street Journal that he was 'thrilled' by his victory. 'I think our mural is a wonderful depiction of everything that makes the Mount Washington Valley such a great place to live,' he told the publication. Robert Frommer, who represented Young previously, said 'you don't lose your right to free speech because you open a doughnut shop. 'Whether you put up pastry mountains or paint real mountains, that's the artistic choice of the shop owner, not the government.' Leavitt's Bakery has been in operation since the 1970s and occupies a quaint 1,300-square-foot red cabin. The case drew headline attention since New Hampshire, which goes by the state slogan 'live free or die', leans toward the libertarian rather than interventionist form of local government. For example, the state charges no sales tax and takes a laissez-faire approach to road safety - with no requirements for adults to wear a seatbelt in a car or a helmet on a motorcycle. Young bought Leavitt's Bakery during the pandemic and shortly afterwards had the idea to commission the mural from art students at the local high school. 'Probably a year after we bought it, a friend of mine who knows the local high school art teacher said, "Hey, they're looking for a place to do an art project,"' Young previously told the Journal. The students leapt at the opportunity and were proud of the work they created. During the legal wrangle, local residents of the tight-knit community were divided over who was in the right.
Daily Mail
23-05-2025
- Business
- Daily Mail
New Hampshire bakery wins 'ludicrous' legal spat with local authorities over donuts
A New Hampshire bakery owner has won a legal victory over the local authority after it tried to tear down its donut art. Leavitt's Country Bakery, located in the heart of the picturesque New England town of Conway, was ordered to take down an art mural on the front of its store for violating zoning laws. The mural on top of the local institution known for its homemade doughnuts was made by local high school students and features New Hampshire's famous White Mountains in whimsical baked goods form. Conway local authorities, however, did not see the funny side. Last year they ordered Leavitt's Bakery owner Sean Young to take the art down as it allegedly contravened the town's zoning laws. The mural was apparently four times larger than those permitted for commercial signs. Young however argued that the mural was art, not commercial advertising, and filed a First Amendment lawsuit against Conway seeking $1 in damages. Now U.S. District Judge Joseph Laplante says the donut art can stay. '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,' the Judge wrote in his ruling. The ruling comes after a tense bench trial in February where both the bakery and the town presented their evidence and eyewitnesses. Young told The Wall Street Journal that he was 'thrilled' by his victory. 'I think our mural is a wonderful depiction of everything that makes the Mount Washington Valley such a great place to live,' he told the publication. Robert Frommer, who represented Young previously, said 'you don't lose your right to free speech because you open a doughnut shop. 'Whether you put up pastry mountains or paint real mountains, that's the artistic choice of the shop owner, not the government.' Leavitt's Bakery has been in operation since the 1970s and occupies a quaint 1,300-square-foot red cabin. The case drew headline attention since New Hampshire, which goes by the state slogan 'live free or die', leans toward the libertarian rather than interventionist form of local government. For example, the state charges no sales tax and takes a laissez-faire approach to road safety - with no requirements for adults to wear a seatbelt in a car or a helmet on a motorcycle. Young filed a First Amendment lawsuit against the town authorities in Conway seeking $1 in damages Bismark donuts are showered with powdered sugar at Leavitt's Country Bakery Young bought Leavitt's Bakery during the pandemic and shortly afterwards had the idea to commission the mural from art students at the local high school. 'Probably a year after we bought it, a friend of mine who knows the local high school art teacher said, "Hey, they're looking for a place to do an art project,"' Young previously told the Journal. The students leapt at the opportunity and were proud of the work they created. During the legal wrangle, local residents of the tight-knit community were divided over who was in the right. Fourth-generation Conway resident Lisa Parent attended zoning board meetings to support Young in his appeal. 'I'm very familiar with your sign policies, which are all over the place,' she told the board at one such meeting last year.
