Psycamore, LLC, sought approval to operate a mental-health treatment facility in an area of Ocean Springs where the zoning ordinance allowed facilities for the examination and treatment of human patients. The City denied Psycamore’s application, but the circuit court reversed and the City appealed. Because the Supreme Court found that the City’s decision was arbitrary and capricious, it affirmed the circuit court’s ruling. City of Ocean Springs v. Psycamore, LLC … [Read more...]

The Supreme Court granted allowance of appeal to determine whether: (1) the repeal of an ordinance mooted any challenges to that ordinance; (2) whether the Commonwealth Court may issue an opinion on the merits of certain issues where it subsequently remands the case for a determination of mootness on another issue; and (3) whether parties to a hearing can continue a challenge to a zoning ordinance once the original challenger has withdrawn. Because “parties to a hearing” are distinct from “party … [Read more...]

Woodboro has about 750 residents on 21,857 acres, within Oneida County. Woodboro’s 1998 Land Use Plan encourages low density single family residential development for waterfront properties and maintaining rural character. The 2009 Woodboro Comprehensive Plan incorporates that language. There are 177 parcels on Squash Lake, all but seven zoned for single-family uses. The seven parcels zoned for business were pre-existing uses under initial zoning in 1976. In 2001, Woodboro voluntarily subjected … [Read more...]