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...

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

by Dr. Fang Ye 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...

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...

Deal Is A Deal: Ecogen Wind Prevails In Windfarming Dispute

By William A. Ruskin The New York Law Journal reported on January 2, 2014 that the Town of Prattsburgh, which, during the relevant time, had virtually no laws, codes or requirements on the books governing the installation of wind turbine facilities, was not permitted by the court to retroactively...

New York Lawyer Wins Green Nobel Prize

By Meredith James and Dianne Saxe. Helen Slottje, a lawyer in Ithaca, New York, was recently awarded the Goldman Environmental Prize for her work “helping towns across New York defend themselves from oil and gas companies by passing local bans on fracking” (the US equivalent of anti-fracking...

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...

New York’s Highest Court Hears Oral Arguments on Local Zoning Bans

By Michael C. Murphy . On June 3rd, the New York Court of Appeals heard oral arguments in two cases challenging the authority of a municipality to ban certain oil and gas activities within its jurisdiction. The Court is reviewing two lower court decisions , Dryden, [ enhanced version available...

Steptoe & Johnson PLLC: New York Court of Appeals Upholds Local Zoning Restrictions on Oil and Gas

On June 30, 2014, the New York Court of Appeals ruled that under the “Home Rule” principle, towns may ban oil and gas production activities, including but not limited to hydraulic fracturing, through the use of local zoning laws in the case of Wallach v. Town of Dryden . The Court ruled that...

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...

Babst Calland: New York’s Highest Court Upholds Right of Municipalities to Ban Oil and Gas Activities

By Michael C. Murphy Today the New York Court of Appeals issued an opinion affirming local zoning laws adopted by two upstate towns that prohibited oil and gas-related activities within their borders. Specifically, the Court ruled that there was nothing within the plain language, statutory scheme...

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...

New York High Court Asked to Re-hear Arguments in Local Zoning Ban Case

By Michael C. Murphy Citing a recently decided case in Colorado, the bankruptcy trustee for Norse Energy filed a motion in early August urging the New York Court of Appeals to re-hear arguments in the case, [ enhanced version available to lexis.com subscribers ]. In June, the Court of Appeals issued...