Blogs about: Current Caselaw
RLUIPA Case Not Ripe as Church Failed to Pursue Final Governmental Determination
Patty Salkin wrote 3 days ago: Shenkel United Methodist Church desired to participate in a program to provide monthly shelter to ho … more →
7th Circuit Holds Locality Seeking to Create a Commercial Area Can Exclude Non-Commercial Uses Without Violating RLUIPA
Patty Salkin wrote 4 days ago: The River of Life Kingdom Ministries sought to relocate its 67-member congregation from a crowded wa … more →
Adult Oriented Business Moratorium and Subsequent Regulations Upheld
Patty Salkin wrote 6 days ago: In 2005, the County began the process of revising its comprehensive plan and among the issues examin … more →
Planning director lacks authority to modify zoning map to conform to legal description
Patty Salkin wrote 1 week ago: About 20 acres of the company’s 63-acre tract were zoned for general business use in 1974 when the z … more →
Due Process Required When Imposing Civil Penalties for Alleged Violations
Patty Salkin wrote 1 week ago: Post, was the owner of numerous rental properties in Tacoma, twenty-four of which were found to be i … more →
Court Upholds County Permit for Equestrian Barn
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Patty Salkin wrote 1 week ago: Adjacent property owners challenged the granting of a permit to construct a barn/equestrian center o … more →
11th Circuit Court of Appeals Finds Insufficient Evidence to Support Discriminatory Enforcement Claims
Patty Salkin wrote 1 week ago: Bonasera, a Hispanic woman living in a predominantly white neighborhood, installed a second kitchen … more →
Substantial Evidence Supported Variance Denial for Telecommunication Tower
Patty Salkin wrote 1 week ago: Industrial Tower and Wireless, LLC (ITW) alleged that the East Kingston Zoning Board of Adjustment ( … more →
Kentucky Supreme Court strikes down retroactive application of sex offender residency restrictions
Patty Salkin wrote 1 week ago: The Supreme Court of Kentucky held that the retroactive application of sex offender residency restri … more →
Vested Rights Do Not Extend To Filing of Site Plan Application, Only to Building Permit Application
Patty Salkin wrote 2 weeks ago: Abbey Road Group, LLC sought to construct a 575-unit multifamily condominium project on over 36 acre … more →
Proposed Initiative to Subject all Land Use Enactments to Popular Vote Invalidated
Patty Salkin wrote 2 weeks ago: Carmony submitted an Application of Initiative Petition to the Clerk of the Matanuska-Susitna Boroug … more →
Zoning Ordinance That Allowed a Firing Range Near a Residential Subdivision Does Not Subject Town to Liability for Alleged Due Process Violation
Patty Salkin wrote 2 weeks ago: Plaintiffs live in a development one and one half miles north of a sportsman’s club and they had pre … more →
Citizens Claiming an Adverse Impact May Challenge Annexation Where Their Land is Not Part of the Annexed Property
Patty Salkin wrote 2 weeks ago: Lifestyle initiated a voluntary annexation by requesting the City of Reno annex 7,000 acres of land … more →
More Searching Scrutiny Is Required Where Adult Uses are not Allowed As of Right, but Rather are Subject to Special Use Permit Review
Patty Salkin wrote 2 weeks ago: The Village’s Board of Trustees denied Chicago Joe’s request for a special use permit to locate in t … more →
Variance Denial for Telecommunications Tower Upheld as No Significant Gap In Service Existed and Ordinance was not Exclusionary
Patty Salkin wrote 2 weeks ago: In granting summary judgment in favor of the Township, the Eastern District Court of Pennsylvania he … more →
Fifth Circuit Court of Appeals Finds Houston’s Sign Code Constitutional
Patty Salkin wrote 2 weeks ago: RTM, an outdoor advertising company which owned fifty-nine billboards in the City of Houston was sue … more →
Denial of Special Exception for Theoretical Subdivision in Tree and Slope Protection Overlay District is Supported by Substantial Evidence
Patty Salkin wrote 3 weeks ago: The developer sought a special exception for a theoretical lot subdivision to build 13 houses on a s … more →
Appeals Court Agrees that Owner is Estopped from Seeking Release of Open Space Covenant Where Benefits Were Already Accepted
Patty Salkin wrote 3 weeks ago: Vo-Land brought an action to lift a covenant that was placed on 96 acres of land in the Village of B … more →
In Calculating Maximum Density Zoning Regulation Allowed Commission to Consider Parent Parcel in Existence at Time Regulations Were Adopted
Patty Salkin wrote 3 weeks ago: The applicants applied to the commission for permission to subdivide their four acre parcel of prope … more →
