Law of the Land

A blog on land use law and zoning

  • Added Sep 9, 2008
  • Activity Rank #2 : Popularity Rank #11
  • 5 posts in 24 hours : 12 posts in 4 weeks
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Apr 23
Fed. Dist. Court in Ohio Addresses Comparators to be Used Under RLUIPA Equal Terms Provision : Hat tip to the RLUIPA Defense Blog for this posting: http://www.rluipa-defense.com The District Court for the Southern District of Ohio, in Tree of Life Christian Schools v....
Law of the Land
Apr 23
MI Supreme Court Interprets Definition of “Sport Shooting Range” : In 1993, Addison Township approved Barnhart’s request to build a shooting range on his property....
Law of the Land
Apr 23
NY Appellate Court Holds Not-for-Profit Corporation Law Does Not Preempt Field of Cemetery Regulation : Oakwood Cemetery is a not-for-profit cemetery corporation and sought to begin offering cremation services in addition to the burial services it offered....
Law of the Land
Apr 23
Fed. District Court in CT Dismisses Section 1983 Claims Relatred to Variance Denial for Failure to Timely File : The plaintiff, Richard Perrie, claimed that the Middletown Zoning Board of Appeals “intentionally and maliciously discriminated against [him and] arbitrarily used its power to deprive [him] of the use...
Law of the Land
Apr 12
NY Appellate Court Upholds Denial of Special Use Permit Extension for a Wind Turbine Farm Finding it Was Not Arbitrary and Capricious : The Planning Board issued a special use permit to petitioner on July 11, 2011, allowing it to construct a wind farm....
Law of the Land
Apr 12
PA Appeals Court Holds That a Failure to Object to Standing to Challenge Variance Before the Board Resulted in a Waiver of the Ability to Raise Standing as an Issue Before the Common Pleas Court : FT Holdings L.P. developed a condominium complex located at East Thompson and Columbia Avenue in the City of Philadelphia....
Law of the Land
Apr 12
Fed. Dist. Court in NY Rejects Procedural Due Process Claim for Nonconforming Use Because Plaintiffs Had an Adequate Post-Deprivation Remedy : Plaintiffs’ store occupied a portion of the first floor of a building erected before 1940, when the Town first implemented a zoning code....
Law of the Land
Apr 8
Federal Court of Claims Finds Government’s Denial of Permit to Fill Wetlands Constituted a Compensable Taking : Lost Tree Village Corporation, the plaintiff, filed an application to fill wetlands for a plot of land approximately five acres in size. The U.S....
Law of the Land
Apr 7
GA Appeals Court Finds that a Vested Right in a Legal Nonconforming Use Was Not Superseded by a Use That Takes Place Outside of the Express Terms Required for that Use : This case arose from an event hosted by Cavalia USA, Inc., which held its outdoor entertainment traveling horse show on the Noble parking lot....
Law of the Land
Apr 6
NY Appellate Court Upholds Determination that Owner of Exotic Animals Was Operating an Illegal Home Occupation : Following notification by the Town code enforcement officer to Salton that he was operating an unauthorized home occupation as he was keeping exotic animals (including 3 tigers and 2 leopards) on his...
Law of the Land
Apr 6
NY Appellate Court Reverses Zoning Board’s Interpretation of the Word “Auditorium” Which was not Defined in Applicable Zoning Ordinance : Petitioners own an armory situated in a commercial office district, where the use of the property for an auditorium is permitted....
Law of the Land