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Curtis D. Harris, BS, CGREA, REB
Bachelor of Science in Real Estate, CSULA
Associate of Arts in Architecture, LACC
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Repair/Rehab Consultant
HUD/FHA Real Estate Appraiser/Reviewer
FannieMae REO Consultant
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The Harris Company, Forensic Appraisers and Real Estate Consultants
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IT'S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]: Professional Association Membership http://www.orea.ca.gov/html/fed_regs.shtml#Statement7 Membership in an appraisal organization: A State Certified General Appraiser may not be excluded from consideration for an assignment for a federally related transaction by virtue of membership or lack of membership in any particular appraisal organization, including the appraisal institute.
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Subject: Zoning, Planning & Land Use Distributed July 31, 2015
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Date: Fri, 31 Jul 2015 13:13:07 +0000
Zoning, Planning & Land Use Distributed July 31, 2015
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Zoning, Planning & Land Use
Weekly Summaries Distributed July 31, 2015
Green Valley Inv., LLC v. Winnebago Cnty.
Civil Procedure, Constitutional Law, Real Estate & Property Law, Zoning, Planning & Land Use
U.S. Court of Appeals for the Seventh Circuit
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Green Valley Inv., LLC v. Winnebago Cnty.
Court: U.S. Court of Appeals for the Seventh Circuit
Docket: 14-2473
Opinion Date:
July 27, 2015
Areas of Law:
Civil Procedure, Constitutional Law, Real Estate & Property Law, Zoning, Planning & Land Use
Stars is a nude dancing establishment in Neenah, Wisconsin. When Stars opened in 2006, the County had a zoning ordinance governing Adult Entertainment Overlay Districts. Stars’s application was stalled because, all parties agree, the 2006 ordinance violated the First Amendment. Its owner sued in federal court, arguing that anything is legal that is not forbidden, and Staars was banned only by an unconstitutional ordinance: therefore, Stars was permitted in 2006 and is now a legal nonconforming use that cannot be barred by a later ordinance. The court granted summary judgment to Winnebago County, reasoning that it was possible to use the law’s severance clause to strike its unconstitutional provisions. The Seventh Circuit reversed in part, agreeing that the permissive use scheme laid out in the ordinance was unconstitutional, but reasoning that, after the constitutional problems are dealt with, the remaining questions concern state law. Their resolution depends on facts that were not developed, and on the possible existence of a power not only to sever problematic language but to revise it—a power federal courts do not have. The district court should have declined to exercise supplemental jurisdiction over the state-law claims and should have dismissed them without prejudice so that the parties may pursue them in state court.
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