MA Land Court Interprets Overlapping Zoning Definitions for Hot Tubs and Swimming Pools

MA Land Court Interprets Overlapping Zoning Definitions for Hot Tubs and Swimming Pools

This post was authored by Amy Lavine, Esq. A Massachusetts case decided in August considered the Town of Nantucket’s zoning definitions for “hot tub/spa” and “swimming pool.” Specifically, the zoning code defined a “hot tub/spa” as a structure with less than 150 square feet of surface area and more than two feet of depth, while a “swimming pool” was defined as a structure either with more than 150 square feet of surface area or containing more than 1,000 gallons of water. The definition created a dilemma because of the structure “could at the same time have less than 150 square…
Zhang – Spring 2022 – MJEAL

Zhang – Spring 2022 – MJEAL

It’s Time for a Carbon Tax Andrew ZhangMost Americans are worried about global warming.[1] Unfortunately, our actions do not reflect that worry. In 2019, 6,558 metric tons of carbon dioxide equivalents (the total global warming potential of all greenhouse gases adjusted to the potential of carbon dioxide) were emitted into the atmosphere from the United States, representing a two percent increase from 1990.[2] As a result, emissions have begun to exceed the capacity of natural processes that absorb carbon dioxide.[3] Largely due to human activity, the climate has warmed by 1.53 degrees Fahrenheit since 1880.[4] A carbon tax is…
‘Trump will distance, disparage, and destroy’

‘Trump will distance, disparage, and destroy’

IE 11 will not be supported. For an optimum expertise go to our web site on one other browser.UP NEXTGood Liars create ‘Trustworthy Trump Playing cards’ specializing in 2020 election loss 06:17‘Packing 537 days into one report’: What to anticipate from Jan 6 Committee closing report 05:02Fmr. Mayor of San Antonio on lifting of Title 42: ‘Our immigration system will not be working.’ 04:35‘It is completely unsafe and we cannot stand for it’: Flight attendants communicate out in opposition to one-pilot cockpits 05:54“What I noticed and heard should not be tolerated in our nation:’…
Lawyer: Man concerned in prepare killing shot in self-defense

Lawyer: Man concerned in prepare killing shot in self-defense

SAN FRANCISCO (AP) — A person who shot and killed a passenger on a San Francisco subway commuter prepare might be charged with gun crimes however not murder in what was “clearly” a case of self-defense after he was attacked with a knife, his lawyer stated Monday. Javon Inexperienced, 26, will face prices of getting a hidden weapon in a public place and having a loaded gun in a public place, each felonies that presumably could possibly be diminished to misdemeanors, lawyer Randy Knox advised the San Francisco Chronicle. Inexperienced was scheduled for a court docket look on Tuesday. The…
Arizona lawyer common: Pre-1901 abortion ban enforceable

Arizona lawyer common: Pre-1901 abortion ban enforceable

PHOENIX (AP) — Arizona’s Republican lawyer common introduced Wednesday {that a} pre-statehood legislation that bans all abortions is enforceable and that he’ll quickly file for the removing of an injunction that has blocked it for practically 50 years. Lawyer Basic Mark Brnovich’s workplace mentioned after the US Supreme Court docket overturned its 1973 choice that mentioned abortion was a constitutional proper that he was weighing whether or not the previous legislation may very well be enforced. His choice places him at odds with Republican Gov. Doug Ducey. The governor had mentioned after he signed a brand new legislation banning abortions…
MA Land Court Interprets Overlapping Zoning Definitions for Hot Tubs and Swimming Pools

Second Circuit Court of Appeals Affirms Dismissal of Selective Enforcement and Equal Protection Claims in Treehouse Permitting Case

This post was authored by Amy Lavine, Esq. in Lepper v. Scordinothe Second Circuit Court of Appeals affirmed the dismissal of selective enforcement and class-of-one equal protection claims involving a treehouse that was built without a permit. The court first explained that on a selective enforcement claim, a plaintiff must show that “(1) the person, compared with others similarly situated, was selectively treated, and (2) the selective treatment was motivated by an intention to discriminate on the basis of impermissible considerations, such as race or religion, to punish or inhibit the exercise of constitutional rights, or by a malicious or…
MA Land Court Interprets Overlapping Zoning Definitions for Hot Tubs and Swimming Pools

Second Circuit Court of Appeals Denies Intervention in TCA Case, Citing Adequate Representation and Avoidance of Delay

This post was authored by Amy Lavine, Esq. in Extenet Systems, LLC v. Village of Kings Pointthe Second Circuit Court of Appeals affirmed the denial of eight residents’ motion to intervene in a lawsuit brought by ExteNet against the village for violations of the Telecommunications Act of 1996. The court rejected the residents’ claims that intervention was necessary to protect their properties from the alleged aesthetic and economic impacts that would be caused by the installation of wireless cellular equipment on nearby properties. As the court explained, it was reasonable for the district court to conclude that the residents’ interests…
MA Land Court Interprets Overlapping Zoning Definitions for Hot Tubs and Swimming Pools

NY Appellate Court Holds that 30-Day Statute of Limitations Restriction Applies to Waterfront Consistency Review which was also Part of the Site Plan Review

This post was authored by Tyler Doan, Esq. Respondent submitted a major site plan application to the City of Buffalo Planning Board seeking approval of the construction of four apartment buildings. On November 8, 2021, the Planning Board issued a negative declaration pursuant to the State Environmental Quality Review Act and a waterfront consistency review finding that the project was consistent with the City of Buffalo’s Local Waterfront Revitalization Program. On January 10, 2022, the Planning Board voted to approve the site plan with conditions. On March 6, 2022 Petitioners commenced an Article 78 proceeding seeking to annul the waterfront…