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From the public record · Selected cases

Case Files

A selection of development cases we’ve studied to understand the decisions behind a property—and where RealClear can help.

Showing 50 of 50 verified cases. Outcomes describe recorded acts, not a risk score.

RealClear was not party to any of these decisions. Each file quotes the dated public record and says so.

Editorial illustration · not the property
Retail & restaurants / Denied / 2025-10-14

Ten Mile drive-through CUP denied on council review

Meridian City Council denied the conditional-use permit after the Planning and Zoning Commission had denied it; a restaurant without a drive-through was left as a different possible application.

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Retail & restaurants · Denied · 2022-02-09

Cardiff conversion appeal denied unanimously

The Encinitas council denied Jack in the Box Properties' appeal and upheld the Planning Commission's interpretation that converting 1967 San Elijo Avenue to a Starbucks drive-through would intensify a nonconforming use.

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Retail & restaurants · Approved · 2018-03-28

Whole Foods Plaza incentive zoning adopted

The Town of Brighton Board unanimously adopted the Whole Foods Plaza incentive-zoning resolution on March 28, 2018.

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Housing · Settled · 2024-06-28

Franklinton affordable-housing dispute settled by decree

A federal consent decree resolved DOJ allegations concerning Franklinton's obstruction of an affordable-housing proposal; it was a settlement without factual adjudication.

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Industrial · Denied · 2025-07-17

Essex denied the 637 Kimo Drive distribution site plan

The Essex Development Review Board denied a separate site-plan application for a distribution facility at 637 Kimo Drive; a related subdivision had its own decision path.

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Industrial · Dismissed as moot · 2026-02-25

Gotion injunction appeal dismissed as moot after funding default

The Sixth Circuit dismissed Green Charter Township's appeal of a preliminary injunction because Gotion said the proposed battery plant was no longer viable; the dismissal was jurisdictional, not a merits ruling on all underlying claims.

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Energy · Denied · 2026-02-05

Connecticut denied the Serpens 3 MW solar certificate

The Connecticut Siting Council denied LSE Serpens/Lodestar's application for a 3 MW solar facility south of West Hill Road in Torrington.

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Special uses · Ineligible · 2025-10-02

Fishkill Planning Board found self-storage ineligible for special use

The Fishkill Planning Board adopted environmental findings and a resolution that the proposed 1292 Route 9D self-storage facility was not substantially similar to uses allowed in its Restricted Business district, so it could not grant the requested special-use or site-plan approvals.

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Data centers · Approved on appeal · 2024-12-03

Council reversed the 1231 Comstock data-center denial

The Planning Commission denied the CUP and variances 4–3 on October 23; the City Council sustained the appeal and adopted approval resolutions December 3. Architectural review was separately considered in January 2025.

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Data centers · Split jurisdiction · 2025-06-17

Project Blue followed a county path after Tucson declined annexation

Pima County approved specific-plan zoning and a land acquisition agreement June 17, 2025. Tucson voted August 6 not to consider its proposed annexation and development agreement. The county land sale closed December 24; this sequence is not a blanket final construction approval.

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Retail & restaurants · Remanded for approval · 2026-04-06

Sheetz site-plan denial was reversed and remanded

Centerville Planning Commission approved a major site plan with 15 conditions in 2023; Council reversed it on appeal. A court ordered approval subject to those conditions, and Council adopted a remand resolution April 6, 2026.

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Housing · Permit approved · 2024-12-06

Marinwood apartments reached building-permit approval

Marin County approved the 125-unit housing compliance review with conditions December 6, 2024. A challenge was voluntarily dismissed in 2025, and the county reported final building-permit approval June 26, 2026.

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Housing · Approved with modifications · 2018-09-21

Vallco/The Rise kept a ministerial approval through later modifications

Cupertino approved the original Vallco SB 35 application administratively September 21, 2018. Its project page records further modifications, including February and August 2026 actions; approval is not proof that all buildings exist.

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Industrial · Approved for two years · 2025-06-24

Fort Worth approved FedEx truck parking for two years

The Fort Worth council approved ZC-25-032 as amended, 10–1, for a two-year CUP at 4700 Martin Street. The public notice and commission recommendation had proposed five years.

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Energy · Denied; later withdrawn · 2026-04-24

White Palmetto solar application ended in withdrawal with prejudice

Sumter’s Board of Zoning Appeals denied a special exception in May 2025. The developer later sought a state certificate; the South Carolina Public Service Commission allowed withdrawal of that application with prejudice April 24, 2026, without deciding the certificate on its merits.

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Data centers · Rezoned · 2023-11-29

Devlin rezoning approved after a failed remand motion

Prince William County Board approved rezoning REZ2022-00022 5–3 after a 3–5 remand motion failed; approval is not a construction or capacity guarantee.

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Energy · State certificate issued · 2021-06-16

Hardy Hills received a state certificate and limited jurisdictional relief

Indiana Utility Regulatory Commission issued a certificate for Indianapolis Power & Light acquisition/development of Hardy Hills in Cause 45493; a separate June 23 order in Cause 45490 declined specified jurisdiction over the generator. These are state regulatory acts, not proof every local permit was issued.

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Retail & restaurants · Permit approved · 2024-10-22

San José granted the Westgate West Costco CUP

City Council unanimously approved a conditional-use permit for Costco Westgate West at 5287 Prospect Road, subject to conditions; no claim is made here about the separate lawsuit’s final disposition.

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Housing · Approved on appeal · 2026-03-24

Beverly Hills lists 8844 Burton Way as approved after appeal

The city lists the 200-unit, 26-story 8844 Burton Way project as approved; the March 24 Council agenda heard an appeal of the Planning Commission denial. City status does not establish construction.

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Housing · Denial vacated · 2022-03-15

Massachusetts Housing Appeals Committee vacated Braintree denial

The state Housing Appeals Committee vacated the town board’s denial for 383–385 Washington Street and directed a comprehensive permit subject to explicit conditions; its order is not evidence that construction began.

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Special uses · Settled · 2017-09-01

Bensalem settlement permitted mosque use after variance denial

Bensalem Township and the United States executed a settlement permitting religious institutional use at three Hulmeville Road parcels; DOJ allegations were resolved without an adjudicated finding of liability.

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Data centers · Rezonings voided on notice grounds · 2026-03-31

Digital Gateway rezonings voided on notice grounds

Virginia Court of Appeals affirmed that three 2023 Prince William County rezoning ordinances were void ab initio for deficient public advertisements; the 2022 comprehensive-plan amendment remained.

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Retail & restaurants · Approved on appeal · 2026-05-21

Fresno reapproved the Riverside Drive Costco after a partial CEQA remand

City of Fresno reapproved the 7120 North Riverside Drive Costco project following a partial court remand and revised environmental review.

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Industrial · Approved · 2024-10-21

Normal approved conditional site plans for Rivian expansion

Town of Normal Council approved two conditional site-plan resolutions for parcels next to Rivian’s existing plant.

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Housing · Settled · 2023-05-09

Santa Monica settled 13 builder’s-remedy applications

Santa Monica executed a settlement process for 13 pending builder’s-remedy applications; it did not approve all 13 buildings.

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Special uses · Settled · 2017-05-30

Bernards Township agreed to permit ISBR mosque review

Bernards Township signed a federal settlement resolving the United States’ RLUIPA suit concerning the Islamic Society of Basking Ridge mosque proposal.

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Data centers · Denied · 2026-02-17

San Marcos denied the Francis Harris Lane map amendment

San Marcos Council denied a proposed preferred-scenario map amendment 5–2; the associated zoning case was not heard.

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Special uses · Deemed approved · 2025-08-13

Fourth Circuit held Culpeper tower application deemed approved

Fourth Circuit affirmed that a telecommunications tower application was deemed approved when Culpeper County missed the statutory decision deadline.

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Housing · Approved · 2024-12-26

Los Angeles approved Winnetka affordable housing after ED1 litigation

Los Angeles City Planning’s case record marks the 8217 North Winnetka Avenue affordable-housing application approved December 26, 2024.

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Housing · Conditional approval upheld · 2025-07-01

Danville denied appeal and left senior-care approval in place

Danville Town Council denied an appeal of a conditional senior-care project approval at 828 Diablo Road.

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Industrial · Permit approved · 2020-11-09

Georgia EPD amended SK Battery air permit for Commerce phase two

Georgia EPD signed an air-permit amendment allowing specified phase-two battery-cell manufacturing construction and operation at the Commerce facility.

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Industrial · Denied · 2025-05-01

Pennsylvania court upheld Coolbaugh warehouse special-exception denial

Pennsylvania Commonwealth Court affirmed a zoning denial for a proposed 426,000-square-foot facility at 174 Memorial Boulevard.

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Housing · Financing approved · 2023-05-16

San José approved Tamien affordable-housing financing

San José Council approved financing measures for the 135-unit Tamien Station affordable-housing building; the vote was not the project’s initial land-use entitlement.

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Data centers · Withdrawn before council action · 2025-10-01

Indianapolis data-center rezoning withdrawn before council adoption

Applicant withdrew the MDC-approved rezoning petition before City-County Council adoption; MDC acknowledged withdrawal October 1. This was not a council denial.

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Retail & restaurants · Approved with conditions · 2021-07-22

555 Fulton formula-retail grocery approved with traffic conditions

San Francisco Planning Commission approved conditional-use authorization for Trader Joe’s at 555 Fulton with amended traffic and parking conditions.

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Special uses · Consent order entered · 2020-11-09

Meriden mosque dispute resolved by federal consent order

Federal court entered consent order resolving DOJ RLUIPA claims; the city denied allegations, and the order did not adjudicate a violation or award damages.

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Industrial · Stipulation approved · 2026-01-12

Warehouse denial followed by court-approved residential stipulation

Bucks County court approved a stipulation aimed at permanently withdrawing the warehouse application with prejudice, subject to its terms; proposed replacement homes still require land-development review.

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Energy · Certificate approved; appeal pending · 2025-06-26

Ohio siting board approved Frasier Solar 8–1

Ohio Power Siting Board voted 8–1 to approve the Frasier Solar certificate; appellate litigation was still visible in 2026.

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Data centers · Special exception denied · 2026-09-15

Tech Park at Dulles substation exception denied

Loudoun County Board of Supervisors denied a special-exception application for the Tech Park at Dulles electrical substation; it was not a blanket denial of every Loudoun data center.

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Retail & restaurants · Conditional-use permit denied · 2025-08-19

Sandy Springs denied 8721 Roswell Road drive-through CUP

Mayor and Council denied conditional-use permit U-25-1 for the 24-hour Whataburger drive-through at 8721 Roswell Road.

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Retail & restaurants · Denials reversed on appeal · 2020-02-14

Minneapolis reversed two Burger King drive-through certificate denials

City Council granted both appeals from Zoning Board of Adjustment denials of nonconforming-use certificates; this was not a permanent drive-through defeat.

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Housing · Approved · 2024-05-06

Palo Alto approved the 800 San Antonio mixed-use plan

City of Palo Alto filed a Notice of Determination reporting approval of the 75-home, ground-floor-retail project; a later 120-home amendment was a separate proposal.

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Housing · Approved after litigation · 2026-03-17

Goleta approved a revised Shelby housing plan after litigation

City of Goleta approved the 56-home Shelby Residential Project; the earlier court order and 2025 settlement required processing but were not themselves project approval.

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Industrial · Approved with mitigation · 2025-06-24

Redlands reported approval of 301 Tennessee warehouse

City of Redlands filed an NOD reporting approval of the 301 Tennessee Street Warehouse Project with mitigation; exact revised building dimensions require the later adopted plan.

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Data centers · Annexation agreement approved · 2025-11-10

Yorkville approved Project Cardinal annexation agreement

Yorkville approved the Project Cardinal annexation agreement, Ordinance 2025-78; recording and later amendments are separate from this 2025 act.

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Data centers · Denied · 2025-12-11

Chandler rejected the Price Road data-center rezoning

City Council denied both the Price Road Innovation Campus rezoning/site-plan item and related development agreement, 7–0.

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Retail & restaurants · Approved with conditions · 2024-04-17

Santa Maria approved the Preisker drive-through with conditions

Planning Commission approved PD2023-0005 and U2023-0006, as amended, by 4–1 vote.

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Energy · Non-accord upheld · 2023-12-12

Prince George upheld a non-accord determination for Bakers Pond solar

Board of Supervisors upheld the Planning Commission finding that RWE’s Bakers Pond Solar proposal was not in substantial accord with the county comprehensive plan; this blocked the special-exception path presented.

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Senior living · Denied · 2025-05-27

Thomas County denied a six-person personal-care-home use

Board of Commissioners denied conditional-use application 25-5-1 after an approval motion failed 3–5; planning staff had recommended approval.

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Retail & restaurants · Denied · 2024-01-09

Wilmette denied a drive-through special use at 200 Skokie

Village Board denied McDonald’s special-use application for a drive-through restaurant at 200 Skokie Boulevard; a later village memo confirms that historical outcome.

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