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Blogs about: Subdivision Regulation

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Condominium Projects Required to Go Through Subdivision Review

Patty Salkin wrote 1 day ago: In 2006, the Etzlers received subdivision approval for a project located in the Scenic Corridor Zoni … more →

Tags: Current Caselaw, CONDOMINIUMS, Montaña

Old Filed Map Exception Applies to Subdivision Application to Make Lot Conform to Current Zoning

Patty Salkin wrote 4 days ago: Petitioners, who wanted to subdivide their property, applied to the county planning commission for a … more →

Tags: Current Caselaw - New York

In Calculating Maximum Density Zoning Regulation Allowed Commission to Consider Parent Parcel in Existence at Time Regulations Were Adopted

Patty Salkin wrote 1 month ago: The applicants applied to the commission for permission to subdivide their four acre parcel of prope … more →

Tags: Current Caselaw, definitions, connecticut

Although Lots Exempted from Subdivision Review, Zoning Regulations Were Still Applicable1 comment

Patty Salkin wrote 1 month ago: Tonter owned three tracts of land in the city. Tracts 1 and 2 were zoned A-2, Agricultural District. … more →

Tags: Current Caselaw, Agricultural Uses, North Carolina

10th Circuit Rules Federal Law Does Not Preempt State Subdivision Law

Patty Salkin wrote 2 months ago: The 10th U.S. Circuit Court of Appeals ruled the Federal Land Policy Management Act (FLPMA) did not … more →

Tags: Current Caselaw, Preemption

Appeals Court Upholds Planning Board’s Denial of Subdivision Application

Patty Salkin wrote 6 months ago: The planning board denied Petitioner’s application for a subdivision since the petitioner fail … more →

Tags: Current Caselaw - New York

Nassau County (NY) Enacts Smart-Growth Requirements for Subdivision Developments

Patty Salkin wrote 7 months ago: The following is excerpted from a press release issued by Nassau County Executive Tom Suozzi. The ne … more →

Tags: Smart Growth

Landowners Not Entitled to 8-Year Zoning Freeze for Proposed Subdivision on Martha’s Vineyard For Failure to Timely Commence Action

Patty Salkin wrote 8 months ago: The Supreme Judicial Court of Massachusetts found that the trustees of two parcels of land on Martha … more →

Tags: Current Caselaw, Mandamus

Planning Board Appropriately Considered Resubdivision Potential of All Lots in Proposed Subdivision

Patty Salkin wrote 9 months ago: In 1991 the Town approved a 19-lot subdivision on the condition that any further subdivision of the … more →

Tags: Current Caselaw - New York

CA Appeals Court Holds Contract Allowing Waiver of Recording of Final Map Void

Patty Salkin wrote 10 months ago: The California Court of Appeal has held that a real estate contract that allowed the buyer to waive … more →

Tags: Current Caselaw, subdivision map act

Commission Exceeded its Authority in Denying Subdivision Application

Patty Salkin wrote 10 months ago: The Supreme Court of Delaware held that the planning commission exceeded its statutory authority in … more →

Tags: Current Caselaw

Environmental Review, Endangered Species and Timing of Preliminary Plat Review Addressed by New York Appellate Court 1 comment

Patty Salkin wrote 11 months ago: A December 31, 2008 decision from the New York Appellate Division, Third Department will affect how … more →

Tags: Current Caselaw - New York, Environmental Review, Endangered Species

Planning Board’s Imposition of Fee in Lieu of Parkland Dedication for Cluster Subdivision Upheld

Patty Salkin wrote 1 year ago: Following approval of a preliminary plat for a cluster development of 113 acres, including 40 acres … more →

Tags: Current Caselaw - New York, exactions

Subdivision Fee for Parkland May be Imposed as a Condition of Final Plat Approval

Patty Salkin wrote 1 year ago: Finding that nothing in state statute circumscribes the planning board from imposing a fee in lieu o … more →

Tags: Current Caselaw - New York, exactions

4th Circuit Court of Appeals Finds Claims in Federal Court Precluded by State Court Decision, Upholding Subdivision Denial, Rezoning and No Violation of the FHA

Patty Salkin wrote 1 year ago: The County denied Greengael’s subdivision application for a proposed mixed-use development that woul … more →

Tags: Current Caselaw, standing, Affordable Housing, Fair Housing Act Amendments

Equitable Estoppel Does Not Prevent Governmental Entity From Enforcing Zoning Where it Previously Improperly Permitted Development

Patty Salkin wrote 1 year ago: The Kentucky Supreme Court held that although the planning commission previously improperly permitte … more →

Tags: Current Caselaw

CT Supreme Court Holds Commission Lacks Authority to Require Special Use Permit for Subdivisions Over Certain Size

Patty Salkin wrote 1 year ago: The Plaintiffs appealed from a decision of the Town Planning and Zoning Commission which approved bo … more →

Tags: Current Caselaw, Special Use/Exception

Maine Supreme Court Finds Adjacent Landowner Timely Appealed Building Permit in “Family Subdivision”

Patty Salkin wrote 1 year ago: A since repealed Maine statute allowed for the creation of a “family subdivision” whereby a division … more →

Tags: Current Caselaw, Statute of Limitations

No Adverse Possession Over Open Space Set Aside in Cluster Development Since Possession was not Hostile

Patty Salkin wrote 1 year ago: In 1982, as a condition of approval for a cluster development of four residential lots, the East Ham … more →

Tags: Current Caselaw - New York


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