Law of the Land

A blog on land use law and zoning

  • Added Sep 9, 2008
  • Popularity Rank #7
  • 0 posts in 24 hours : 20 posts in 4 weeks
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Dec 12
Fed. Dist. Court in FL Explains “Similarly Situated” Comparator Under RLUIPA’s Equal Terms Provision : Editor’s Note: The Following is reposted with permission from the RLUIPA Defense Blog: The Church of Our Savior (“Church”) was founded in 2006 and is the only Anglican church in Jacksonville Beach and...
Law of the Land
Dec 12
NJ Township Settles RLUIPA Lawsuit for almost $8M : Editors note: The following is reposted with permission from the RLUIPA Defense Blog: The Township of Bridgewater, New Jersey has agreed to pay nearly $8 million to settle a lawsuit over claims that i...
Law of the Land
Dec 10
Fed. Dist. Court in CT Dismisses Takings Claim as Unripe for Failure to Exhaust State Remedies : Marguerite Komondy, now deceased, commenced this action against the Town of Chester and its zoning officials to redress their alleged infringement of her federal and state constitutional rights with r...
Law of the Land
Dec 10
Missouri Appeals Court Holds that Board’s Decision Denying Permit to Upgrade Backlit Billboard Was not Supported by Competent and Substantial Evidence : Branson’s Board of Adjustment denied Respondent Cushman’s request to upgrade a backlit billboard to a digital sign face....
Law of the Land
Dec 10
VT Supreme Court Upholds COs Detached Decks but Reverses Board’s Granting of Conditional Use Permit for the Enclosing of a Deck on Lake Champlain : Neighbors Supeno and Ernst appealed the decision of the Superior Court, Environmental Division upholding the Town of Addison Development Review Board’s (DRB) grant of certificates of occupancy for two...
Law of the Land
Dec 6
Fed. Appeals Court in IL Conducts Second Amendment Analysis of Chicago Zoning Restrictions, Construction Requirements and Business Regulations for Firing Ranges Upholding Some but Not All : Plaintiffs who were denied the opportunity to install a shooting range, challenged eleven regulations made by the city that fell into the category of zoning restrictions, construction requirements and...
Law of the Land
Dec 6
AZ Appeals Court Holds County, Not Successive Owner, Has Authority to Decide Whether to Call Subdivision Performance Bond : Empire Residential Construction (Empire) applied to the Coconino County Planning and Zoning Commission to develop a residential community for single-family homes....
Law of the Land
Dec 4
OH Appeals Court Upholds Injunction Prohibiting Storage of Construction Equipment : Fioritto purchased a two-acre parcel of land that was located within a General Commercial zoning classification and he requested a conditional use permit or variance to operate his construction busine...
Law of the Land
Dec 4
NY Appellate Court Denies Dismissal of Private Nuisance Claim due to Waterfowl on Neighbor’s Property : Plaintiffs and defendants each owned property located on Woodside Drive in the Town of Clifton Park, Saratoga County; plaintiffs purchased their property in 1991, and defendants purchased the property...
Law of the Land
Dec 3
NY Appellate Court Finds 30–Day Statute of Limitations Period, Rather Than 6-Year Period, Applied in Challenge to Site Plan Approval : The Town of South Bristol Planning Board (Planning Board) issued a negative declaration of environmental significance and site plan approval for a 24–unit townhouse construction project....
Law of the Land
Dec 3
NY Appellate Court Upholds Determination to Condemn Property for the Purpose of Expanding a Runway at a Public Airport : Pursuant to the NY EDPL 207, petitioner sought judicial review of the County’s determination to condemn certain real property for the purpose of expanding a runway at a public airport....
Law of the Land
Dec 3
Fed. Dist. Court in MI Finds Neighbor Lacked Standing to Enforce Consent Judgment or Zoning Ordinance Since She was Not a Party to Either : Elissa Fay Smith owned residential property in the City of Keego Harbor....
Law of the Land
Dec 3
OH Appeals Court Upholds Denial of Area Variance to Church : Faith Walk Fellowship Church sought a variance to use the single family residence it owned as a church (which was a permitted use in a single-family residential district), and to install a gravel park...
Law of the Land
Dec 3
ALI CLE’s Land Use Institute on December 12, 2014 (Next Friday) : ALI CLE is extending a 30% discount on the tuition for the live course or live webcast to readers of Law of the Land for the 2014 Land Use Institute – http://marketing.ali-cle.org/land-use-institute...
Law of the Land
Dec 3
MO Appeals Court Reverses and Remands Board’s Denial of Variance Finding Owners of Mobile Park May be Entitled to Nonconforming Use Status : The Hecks own a tract of land on which they have operated a mobile home park since 1983....
Law of the Land
Dec 2
NH Supreme Court Holds Municipal Estoppel Claim not Barred by the Exhaustion of Administrative Remedies Doctrine Where Zoning Board Lacked Authority to Grant Requested Relief : The Dembiecs obtained a permit from the Town of Holderness (Town) to construct a single family home....
Law of the Land
Dec 2
CA Appeals Court Invalidates Public Access Condition for Coastal Development Permit Finding it is Inequitable : Emmick owned approximately 400 acres that included an uninhabitable residence and a barn that was in disrepair....
Law of the Land
Dec 1
Fed. Dist. Court in California Holds Sale of Property for Secular Use Does Not Constitute “Religious Exercise” : Thank you to the RLUIIPA Defense Blog for this posting....
Law of the Land
Nov 29
NY Appellate Court Finds First Amendment Constitutional Challenge to Zoning Ordinance Not Ripe for Review : Plaintiff applied for and was granted, by the City of Troy, a certificate of occupancy for a business described as a gift shop....
Law of the Land
Nov 29
Virginia Federal Court Clarifies RLUIPA Standing Requirements & Dismisses Substantial Burden Claim : Editors Note: The following is reprinted from the RLUIPA Defense Blog with permission: In an important decision, the court in Aldon, LLC v. City of Newport News, Virginia (E.D. Va. Nov....
Law of the Land