Law of the Land

A blog on land use law and zoning

  • Added Sep 9, 2008
  • Popularity Rank #14
  • 0 posts in 24 hours : 6 posts in 4 weeks
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Nov 8
NY Appellate Court Upholds Local Health Department’s Approval of Proposed Subdivision : Neighbors challenged the decision of the county health-environmental sanitation division that found no negative environmental impact for a proposed 21-unit residential and one commercial lot subdivisi...
Law of the Land
Nov 7
NC Appeals Court Finds the Burden was on the Town, Rather than Property Owner, to Establish the Location of Zoning Line at the Time Property Owner Began His Nonconforming Use Because Town Could Not Locate Official Zoning Map : John Shearl (“Petitioner”) owned property directly off Highway 28 in Highlands, on which he operates a business entitled, “J & J Lawn and Landscape.”  On 19 August 2009, Respondent issued a zoning vio...
Law of the Land
Nov 7
1st Circuit Court of Appeals Remands Question of Restriction on Adult Entertainment Occurring Within Establishments Licensed to Serve Alcohol for Findings of State Law : Showtime Entertainment, LLC (“Showtime”), owner of a lot within the town’s adult-entertainment overlay district brought action against town and two members of town’s board, alleging, inter alia, that...
Law of the Land
Nov 7
Fed. Dist. Court in MD Grants Summary Judgment Dismissing Constitutional Claims that County Zoning Ordinances Restricted Adult Entertainment Businesses : This case arose from a constitutional challenge to Prince George’s County zoning ordinances restricting “adult entertainment” businesses.  A motion for a preliminary injunction was filed by Plaintiffs...
Law of the Land
Nov 7
MO Appeals Court Finds Trustees Failed to Prove that the Cost of Repairing the Billboard was Not More Than 50% of the Cost to Replace its Non-Conforming Portions : The Board of Adjustment of the city of Branson (“the Board”) and the city of Branson (“City”) appealed the judgment of the circuit court that: reversed the Board’s decision to deny a sign permit (“the...
Law of the Land
Nov 2
2nd Circuit Court of Appeals Extends Williamson County Ripeness Test to Variance Disputes Finding Matter Not Ripe Due to Failure to Comply with Final-Decision Requirement : Sunrise Detox V, LLC. wanted to establish a facility for individuals recovering from addiction in a building that was formerly used as a nursing home....
Law of the Land