Richard Silver Silver Construction Company v. Franklin Township, Board of Zoning Appeals

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that, when the government body could deny a conditional zoning certificate even if the applicant met mandatory requirements, the applicant lacked a justifiable expectation to receive the certificate
• holding that a property owner did not have entitlement to a zoning certificate, even when the proposed use was conditionally permitted, because the zoning board had “broad discretion” to decline to issue the certificate
• holding if the zoning authority has discretion to deny the plaintiff a conditional zoning certificate, then the plaintiff had no “‘legitimate claim or entitlement’” nor “‘justifiable expectation in approval.’”
• holding a plaintiff did not have a protectable interest in a conditional zoning certificate
• finding no property interest where zoning resolution directed board to consider whether use is “harmonious,” “hazardous or disturbing,” or “detrimental”
• dismissing equal protection claim when plaintiff alleged only that other condominium units received approval but presenting no evidence that these other developments were similarly situated

Source: CourtListener parenthetical corpus (CC0).