Blogs about: Current Caselaw
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Fed. Dist. Court in FL Invalidates County Corridor Preservation Scheme
Hillcrest Property LLP v. Pasco County, 2013 WL1502627 (M.D. Fla.) involved defendant’s “Right of Way Preservation Ordinance” as a means of avoiding payment to landowners through whose property design… more →
LAW OF THE LAND
Fed. Dist. Court in FL Invalidates County Corridor Preservation Scheme
wrote 1 month ago: Hillcrest Property LLP v. Pasco County, 2013 WL1502627 (M.D. Fla.) involved defendant’s “Right of Wa … more →
Conn. Supreme Court Holds Deck was Not a "Building" for Zoning Enforcement Purposes
wrote 1 month ago: The Tines purchased a lakefront property in Lebanon, Conn., in 1999 and obtained a variance to build … more →
VA Sup. Court Finds that Illegal Building Permit Fees Paid Voluntarily Need Not Be Refunded
wrote 1 month ago: Blue Ridge Shadows, LLC (“BRS”) was D.R. Horton, Inc.’s (“Horton”) predecessor in title. BRS, a real … more →
VA Supreme Court Finds No Vested Rights Where Operators of Entertainment Establishments Never Had a Legal Right to Serve Alcohol in the First Instance
wrote 1 month ago: Norfolk 102, LLC and Norfolk 302, LLC operate Bar Norfolk and Have a Nice Day Café, respectively, in … more →
South Carolina Supreme Court Upholds BZA decision on Telecom Tower Siting Finding the Board Acted on Competent Evidence
wrote 1 month ago: In 2006, the Town of Mount Pleasant (“the Town”) rezoned property on Whipple Road adjacent to the Ca … more →
MA Supreme Court Holds that Demolition Referenced in a Variance Need Not Be Completed Within One Year
wrote 1 month ago: In 2005, C.B.L. Realty Trust applied to the Fall River, Mass. Zoning Board of Appeals for a variance … more →
Louisiana Appeals Court Finds Parking Lease Ordinance Did Not Violate RLUIPA
wrote 1 month ago: In 2002, the Parish of Jefferson, Louisiana, passed a parking ordinance which required businesses in … more →
WA Sup. Ct. Upholds Dismissal of Inverse Condemnation and Nuisance Claims Following Siting of Substation and Resident Concerns over EMFs
wrote 1 month ago: Several residents, including named plaintiff Catherine Lakey, owned property abutting a parcel owned … more →
NJ Appellate Court Upholds Board’s Finding at a “Blade” Was Not a Sign and that Banquet Facility Was Allowed Under Code that Permitted Restaurants; and Upholds Trial Court’s Finding Overturning Use Variance for Wine Shop
wrote 1 month ago: Hoping to use three separate structures on a 9-acre lot to build and operate a Hyatt-brand hotel, wi … more →
AZ Supreme Court Holds Party Is Not Required to Exhaust Administrative Remedies When Such Pursuit is Futile and Remands to Lower Court to Determine Whether Entire Manufactured Home Park or Only Each Space is Entitled to Nonconforming Status
wrote 1 month ago: Stagecoach Trails MHC, LLC (“Stagecoach”) operated a 50-space manufactured home park in Benson, Ariz … more →
7th Circuit Dismisses Claim of Racial Discrimination Based on Rezoning Denial for Lack of Evidence
wrote 1 month ago: Parvati Corporation owned a hotel in Oak Forest, Illinois. Parvati sought sell the hotel in order to … more →
11th Circuit Dismisses First Amendment Claims by Adult Use Operator on Res Judicata Grounds
wrote 2 months ago: In April 2008, Starship Enterprises — a business selling a variety of novelties, tobacco produ … more →
Sixth Circuit holds that Younger Abstention Doctrine Applies to a Damage Claim under 42 U.S.C. § 1983
wrote 2 months ago: The Sixth Circuit recently held that the Younger abstention applies to claims made under 42 U.S.C. § … more →
6th Circuit Dismisses Takings and Due Process Claims on Ripeness Grounds
wrote 2 months ago: Joseph and Larraine Stainslaw have owned and operated a car dealership in Thetford Township, Genesse … more →
New Hampshire Supreme Court Finds Variance Application Did Not Waive Applicant's Right to Claim Use Was Permitted As-of-Right
wrote 2 months ago: Brookside Congregational Church, owner of a 10.04-acre, residentially-zoned property on which it had … more →
MA Appeal Court Finds City May Create Grandfather Provision Protecting non-conforming Adjacent Lots From Merger
wrote 2 months ago: been held in common since 1916. One lot contained a residence, and the other a garage. Both lots bec … more →
Mass. App. Court Finds Resident Advocating for Construction of Dog Park Lacks Standing to Bring Claim
wrote 2 months ago: In July 2009, the Town of Monterey, Massachusetts, applied to the Monterey Zoning Board of Appeals f … more →
PA Commwlth Court Allows Use of Property for Chicken Houses in Agricultural Zone to Continue Finding Definition of CAFO Inapplicable to Property
wrote 2 months ago: Dale and Kay King have owned two adjoining parcels in the Latimore Township, Pennsylvania, on which … more →
FL Appeals Court Upholds Challenge to Planned Unit Development Ordinance Explaining Certorari Review
wrote 2 months ago: In May 2011, Hendry County, Florida, adopted an Ordinance rezoning 3,127 acres of agricultural land … more →
