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Case Notes
Moratorium Invalidated Where Consideration of Zoning Changes Not Planned
A New York court has invalidated a Long Island town's moratorium on certain types of development, having found that the town showed no intention of considering the type of development in the near future and had put in place the moratorium simply as a response to neighborhood opposition to this particular development. O'Reilly v. Incorporated Village of Rockville Centre, NYLJ 10/27/17, p. 21, col. 2 Supreme Ct., Nassau Cty. (Galasso, J.).
The developers sought to create four new building lots, two of which had at least 80 feet of frontage on a public street and the other two of which would have at least 80 feet of frontage on a proposed new private road. The town required at least 80 feet of road frontage for such lots. Two weeks after the developers submitted their site plan for the four lots, the town enacted a moratorium on development of property that does not have at least 80 feet of frontage on a public road. The developers offered to dedicate the proposed new private road to the town, but the town did not respond to that offer. A month after the site plan was submitted, the village building superintendent denied the developers' request for planning board review, citing as the reason the two lots that did not front onto a public road.
The developers responded by seeking declaratory judgment invalidating the village's moratorium. They argued that the moratorium was an invalid measure meant only to stop their proposed development. The court agreed, even though it observed that a moratorium imposed in response to a single development is often a valid means to allow the town time to consider the effects of development. In this case, however, the moratorium was apparently imposed merely to acquiesce to the community's opposition to the development application, and there was no indication that the town planned to consider any comprehensive zoning changes. Thus, the court granted the developers' request for injunctive and declaratory relief and remanded the site plan application to the village trustees for consideration of the developers' offer to dedicate the proposed street as a public one.
In Texas, LLCs Cannot Be Made to Pay Attorney Fees
The Court of Appeals of Texas, Thirteenth District, has reversed an award of attorney fees to a commercial tenant that successfully sued for breach of contract, because the State of Texas' attorney fee statute permits fee awards against persons and corporations but not against limited liability companies (LLCs). First Cash, Ltd. v. JQ-Parkdale, LLC, 2018 Tex. App. LEXIS 303 (Court of Appeals of Texas, Thirteenth District, Corpus Christi – Edinburg 1/11/18).
When the defendant landlords in this action wanted to develop their property in a more profitable manner, they breached a lease affording plaintiff First Cash, Ltd., tenancy in a commercial building.
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