Law of the Land

A blog on land use law and zoning

  • Added Sep 9, 2008
  • Popularity Rank #13
  • 0 posts in 24 hours : 12 posts in 4 weeks
  • Tags:
Jul 18
CT Appeals Court Finds Commission Violated Zoning Ordinance By Approving Parking for House of Worship in Front of Building When it Should Have Been in Rear of Property : The New England Prayer Center submitted a request to the Zoning Commission of the Town of Easton (Commission) seeking a place of worship in a residential community....
Law of the Land
Jul 18
NC Appeals Court Holds Claims to Vested Rights and Violation of 42 U.S.C. § 1983 Were Not Barred By Sovereign Immunity nor Failure To Exhaust Administrative Remedies : Plaintiffs are five companies and three individuals who own property in the Swan Beach Subdivision in Currituck County....
Law of the Land
Jul 18
Utah Appeals Court of Appeals Confirms Time to Appeal a Land Use Decision Runs from Date Actual or Constructive Notice of the Decision is Received : The Greens obtained a land use permit for construction on their property, which included the installation of utility lines that would crossover on a portion of Brown’s Lot....
Law of the Land
Jul 18
Second Circuit Court of Appeals Denies Pendent Appellate Jurisdiction And Remands Qualified Immunity Question For Former Zoning Enforcement Officer : Plaintiffs Vito Savino and Savino, Inc., (jointly, “Savino”) alleged violations of their Fourteenth Amendment right to equal protection under the law by defendants the Town of Southeast and its former...
Law of the Land
Jul 18
MA Land Court Upholds Denial of Special Permit for Off-Premises Sign : Sanrose Reality sought a special permit to covert a previously installed sign to a billboard that advertised its business on property it owned next to route 95 (but not on-site with the business use)....
Law of the Land
Jul 18
Second Circuit Court of Appeals Denies Equal Protection “Class of One” Claim For Failure To Show That Properties Sufficiently Similar Were Treated More Favorably : Plaintiffs Richard Zito, Sonny Zito Recycling Inc., and The 1815 LLC (jointly, “Zito”) appeal the judgment of the District Court dismissing, pursuant to Federal Rule of Civil Procedure 12(b)(6), their...
Law of the Land
Jul 15
NY Appellate Court Remands Condemnation Case to Court of Claims to Recalculate Just Compensation Based on Property’s Highest and Best Use : Claimant, KKS Properties, LLC, was the owner of property in the Town of Bethlehem, Albany County, New York....
Law of the Land
Jul 13
NY Appellate Court Upholds ZBA’s Determination Regarding Building Inspector’s Finding that Retail Use was Pre-Existing on Subject Property : The appellate court found that the Zoning Board’s determination denying the appeal of the petitioner Slonim which challenged the conclusion of the respondent building inspector of the Town of East Ham...
Law of the Land
Jul 13
NY Appellate Court Upholds Annulment of Board’s Permit Denial for Club Renovation : Petitioners owned and operated the Greentree Country Club in New Rochelle, New York (“Greentree”), a beach club with clubhouse facilities overlooking the Long Island Sound....
Law of the Land
Jul 13
NY Appellate Court Upholds Dismissal of Summary Judgment Motion on SLAPP Suit Involving Proposed Nonconforming Camp : The plaintiffs, Southampton Camp Realty, LLC purchased property, previously used as a tennis and racquet club, which was a nonconforming use....
Law of the Land
Jul 6
The Taking Isssue is Still An Issue : In October 2013, with the launch of Touro Law Center’s new Institute on Land Use and Sustainable Development Law, the Touro Law Review held a symposium to commemorate the 40th anniversary of “The Taki...
Law of the Land
Jun 30
NY Court of Appeals Holds Local Governments Have Authority to Regulate Hydrofracking Through Zoning : In one of the most anxiously awaited New York land use decisions in recent memory, the state’s highest court held today that local governments have the power to regulate hydrofracking under their aut...
Law of the Land