LexisNexis® Legal Newsroom
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...

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...

Chicago City Council Introduces Draft Affordable Housing Ordinance Amendment

By David L. Reifman , Richard F. Klawiter , Paul W. Shadle , Jesse W. Dodson , and Daniel Kraft , Attorneys, DLA Piper Chicago’s City Council has introduced a proposed amendment to the existing affordable housing ordinance (the 2015 ARO) which, if passed, will change, and in most cases increase...

Chicago Affordable Housing Ordinance Passes: Key Provisions, Key Requirements

By Theodore J. Novak , Richard F. Klawiter , Paul W. Shadle , Mariah F. DiGrino , David L. Reifman , Jesse W. Dodson , Katherine C. Jahnke Dale , Daniel Kraft Chicago’s City Council has approved an amendment to the existing affordable housing ordinance (the 2015 ARO) which will change, and...