Vetstein Law Group: What The Boston Zoning Board of Appeals Grants, The Courts Taketh Away

By Richard D. Vetstein, ESQ Sheppard v. Zoning Board of Appeals of Boston [ enhanced version available to lexis.com subscribers ] : Appeals Court Overturns Variances, But Does Not Order Tear-Down Of South Boston Rehab Project This is the kind of case that aggravates the heck out of me - and...

Steptoe & Johnson PLLC: PA Court Delays Act 13's Preemption of Local Zoning Ordinances

By Russell L. Schetroma On April 11, 2012, a senior judge of the Pennsylvania Commonwealth Court entered a preliminary injunction deferring the effective date of the provisions of Pennsylvania's Act 13 of 2012 affecting the authority of local governments to regulate oil and gas operations for...

Williams Mullen: Zoning Contingencies in Real Estate Contracts

BY: T. PRESTON LLOYD, JR. In the wake of the recession, the marketplace is still in the process of clearing properties that were zoned with an expectation of a development that never came. As the economic environment for real estate transactions improves, the land use entitlements associated with...

Suburbanization and Constitutional Interpretation: Exclusionary Zoning and the Supreme Court Legacy of Enabling Sprawl

By Dr. Wayne Batchis+ + Assistant Professor, University of Delaware. Ph.D., Johns Hopkins University, 2009; J.D., University of Pennsylvania, 1999. Excerpt from Suburbanization and Constitutional Interpretation: Exclusionary Zoning and the Supreme Court Legacy of Enabling Sprawl, 8 Stan. J.C...

Vetstein Law Group: Get Ya Mitts Off My Dish, Mistah Mayah! Boston Mayor Cracks Down On Unsightly Satellite Dishes

By Richard D. Vetstein, ESQ Mayor Menino Targets Eyesore Satellite Dishes Consistent with his reputation as the "urban mechanic," Mayor Thomas M. Menino, along with the City Council, want to pass a new ordinance to clean satellite dish clutter on residential properties in Boston. As reported...

New Pennsylvania Permit Extension Act Extends Life of Permits to 2016

by the Zoning and Land Use Group Pennsylvania has enacted an important amendment to the Permit Extension Act that will extend the life of certain zoning and land-use permits and approvals to July 2016. Embedded in a finance bill (S.B. 1263, Act 87), the law was enacted by the Pennsylvania legislature...

Vetstein Law Group: Neighborhood Civic Associations Play Controversial Role In Boston Zoning & Permitting Process

By Richard D. Vetstein, ESQ Local Groups Wield Much Power Over Real Estate Permits & Projects If you have ever had to deal with zoning or permitting in the City of Boston, you have probably come across local neighborhood "civic associations" in which the fate of your project or permit...

Sheppard Mullin Richter & Hampton LLP: Appeals Court Reaffirms That Non-Prejudicial Planning And Zoning Code And CEQA Errors Cannot Serve As Basis For Overturning City Approval

By Phillip Tate Rialto Citizens for Responsible Growth v. City of Rialto ___ Cal.App. ___ (July 31, 2012, No. E052253) On July 31, 2012, the California Court of Appeal for the Fourth District held that the trial court erred in invalidating the City of Rialto's (the "City") approval...

Vetstein Law Group: SJC Hears “North End Ten’s” Challenge To Revitalization of Long Wharf

By Richard D. Vetstein, ESQ Fate of New Long Wharf Waterfront Restaurant At Stake A neighborhood fight to preserve prime public waterfront space at the tip of Boston's Long Wharf will be heard by the Supreme Judicial Court (SJC) in November. [ Editor's Note : Oral arguments were held Nov...

Vetstein Law Group: SJC To Consider Rental Apartment Occupancy Limits In Holy Cross Case

By Richard D. Vetstein, ESQ Does Lodging House Law Apply to Student Apartments? The Massachusetts Supreme Judicial Court has agreed to hear the Worcester College Hill case [ enhanced version available to lexis.com subscribers ] which may significantly impact landlords renting apartments to students...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – April 22nd, 2013 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee Negroni...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – May 10, 2013 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee Negroni...

No Insurance For Land Developer and Condo Board Member For Attempt To Rezone Condo Real Estate For Casino

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in State Farm Fire& Cas. Co. v. Anderson , 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Southern...

Vetstein Law Group: Massachusetts Smart Growth Zoning Reform Bill On The Fast Track To Passage?

By Richard D. Vetstein, ESQ 58 Legislators Pushing Comprehensive Zoning Reform Bill - "Inclusionary Zoning" Provision May Expand Controversial 40B Law With "Smart Growth" advocates strongly behind them, a cadre of Beacon Hill lawmakers are pushing a controversial bill that for...

Fracking Zoning Case Seeks Review by New York's Highest Court

By J. Wylie Donald, Partner, McCarter & English Columbia Law School convened a panel on hydraulic fracturing ("fracking") earlier this month. One of the subtopics was its effect on climate change mitigation. Professor Michael Gerrard laid out the pluses and minuses. On the plus side...

County Zoning can be a Minefield for Livestock Producers Wanting to Expand

Not all counties are created equal when it comes to zoning. Recently, I’ve been involved in a number of zoning disputes in different Indiana counties. It’s remarkable to me that a farm situated on a county line—as many farms are—will face drastically different zoning requirements...

Analysis of Conflicts Between Land Zoning Power and Land Development Right in China

This article, written by a partner at a Shanghai, China, law firm, covers the conflicts between land zoning power and land development rights in China. It discusses the structure and legal attributes of the land zoning power in China, whether development rights in China are public or private, the scope...

Ballard Spahr Legal Alert: Supreme Court Ruling May Lead to More Landowner Challenges of Land Use Regulations, Fees

By the Ballard Spahr LLP Zoning and Land Use Team The U.S. Supreme Court recently issued a ruling in a long-running land use case holding that “extortionate demands” by the local government entity constituted illegal interference with a property owner/developer’s right to just...

Overhaul of North Carolina Board of Adjustment Law to Take Effect October 1, 2013

BY: RONALD R. ROGERS & LEMUEL (“UEL”) DUNCAN WHITSETT, V Many North Carolina counties and cities rely on their Boards of Adjustment to review petitioners’ applications for variances, , and appeals of land use ordinance interpretations. Recently enacted legislation makes...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – December 26, 2013 Update

Updates for the Week of December 26, 2013 An outdoor wedding business “tolerated” by the city despite restrictive zoning did not “lawfully exist.” The City of Kennewick, Washington sued Cole and Julie Morgan, who operated a home-based wedding business. Kennewick, having received...

Pennsylvania Supreme Court Decides Act 13 Zoning Case

By Lawrence H. Baumiller The Pennsylvania Supreme Court has ruled that several critical provisions of Act 13, the General Assembly’s 2012 comprehensive update to the former Oil and Gas Act, are unconstitutional. In addition to invalidating a key section of Act 13 placing limits on the...

Issues in Auto Storage Leases

Apparently, the automobile industry is doing very well here on Long Island, New York. In any event, there is an increasing inventory of new cars being delivered to dealers who cannot sell them fast enough to consumers. Accordingly, several of our landowner clients have been approached by car dealers...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – July 2, 2014 Update

Updates for the Week of July 2, 2014 New Orleans restaurant cannot use an adjoining lot as a patio bar . The saga of Phillips’ Bar & Restaurant’s use of an adjoining lot as a reception venue and for food and alcohol sales lasted more than a decade, pitting the owners against both...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – July 8, 2014 Update

Updates for the Week of July 8, 2014 Washington subdivision homeowners cannot prevent neighbors from renting their homes for short terms . The Wilkinsons challenged a covenant adopted by a majority of homeowners in Chiwawa, a planned single-family residential community in Chelan County, Washington...

The Pennsylvania Commonwealth Court Invalidates Additional Provisions of Act 13

Last month, the Pennsylvania Commonwealth Court issued an opinion, [ enhanced version available to lexis.com subscribers ], invalidating additional sections of Act 13 of 2012, Pennsylvania’s comprehensive overhaul of the former Oil and Gas Act. The cumulative effect of this ruling, combined with...