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No.

2006AP450

of a "no permitted uses zone."18

However,

in Sheerr v. Township

when

the

46,

60-65

and that

of Evesham, applied the

provided landowner

evaluated a parcel

no permitted uses and allowed obtained a conditional use permit.

use only 445 A.2d

the Superior Court of substantive due process

New Jersey standard to

(N.J. that

Super. Ct. Law

Div.

the ordinance

was

1982).

The

Sheerr

court

unconstitutional

as-applied

concluded to the

plaintiff's property.

¶41

In

Sheerr,

Id. the

plaintiff's

property zoned EP-1, and any use in the

a conditional use permit.

Id. at

based

on

environmental

protection.

ordinance,

the

property

within

the

62. Id. zone

property was the only EP-1 zone was subject to The EP-1 designation was

at 60. was of

According to the "unique character

by virtue of the presence of a beech and maple hardwood forest with many holly trees thereon, the function of the area as a natural replenishing of ground water and the function of the

18

See, e.g., Just v. Marinette County, 56 Wis. 2d 7, 12-13,

Murdock at

App. 133-153

Appendices

and Briefs, 70

(1972);

Brief of

Library,

Vol. 3227,

70 Wis. 2d 642,

Murdock,

201

N.W.2d 761

(Wisconsin

Law

Wis. 2d 562-566),

Town of Richmond v.

651-52, 235 Wis. 2d 501, of Berkeley,

N.W.2d 497 (1975); Petersen 509, 402 N.W.2d 376 (Ct. App. 173 Cal. Rptr. 534, 537-38

  • v.

    Dane County, 136

    • 1987)

      ; Groch v. City

(Cal. App. 3d

1981);

Laughter v. P.3d 875,

Board of County Comm'rs

878

(Wyo.

2005).

We,

for Sweetwater County, however, acknowledge

110 that

exceptions to the common, accepted practice exist. Town of Smithfield v. Fanning, 602 A.2d 939, 940

See,

e.g.,

(R.I.

1992)

(identifying a no permitted use

zone but the merits of such a

zone were not at issue); Owen Dev. Group, Gearhart, 826 P.2d 1016, 1017 (Or. App. 1992) permitted use zone but the merits of such a

Inc., v. City of (identifying a no zone were not at

issue).

26

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