This post was authored by Tyler Doan, Esq.
Petitioner owns property on one side of a road. Respondent owns roughly 6.8 acres across the road from Petitioner that contains a two-story 97 room hotel. Both properties are located within a Highway Commercial zoning district which exists “to encourage a full range of commercial activity along major highways.” The two properties are surrounded by other commercial properties.
In 2015 Respondent applied to the ZBA for an area variance to construct two new hotels on its property. In a determination dated January 28, 2016, the ZBA granted the variances. In a CPLR…
The most immediate concerns after a car accident are your health and your legal obligations.
First, you should be evaluated by a physician for any injuries. Not all car accident injuries are obvious. Brain injuries can be essential invisible, and other conditions may not show symptoms for hours or days after a car accident due to adrenaline and shock.
Next, you want to collect as much information about the accident as possible. Get all relevant information such as license plate numbers, names, locations, insurance providers, and other details and organize it. If there were any witnesses present at the scene,…
This post was authored by Tyler Doan, Esq.
Petitioner appealed a decision of the ZBA town, town board, and related defendants challenging a dismissal by the ZBA of the challenge to the zoning enforcement officer’s determination that a proposed subsurface sewage-disposal system was a permitted nonresidential accessory use that could be located on a split lot (one zoned partly for residential and partly for commercial use). The town board, while the petition was pending, adopted a local law on the subject of subsurface systems on split lots that effectively codified the zoning officer’s determination. The petitioner amended their complaint also…
This post was authored by Sebastian Perez, JD
Plaintiffs William Becker and Darcy Lynch (“Plaintiffs”), acting as co-trustees, filed a property rights lawsuit against the City of Hillsboro, Missouri (the “City”) for inverse condemnation, alleging that the city took private property without providing compensation . Additionally, the plaintiffs claimed that their constitutional rights under 42 USC § 1983 have been violated. Before the United State District Court of Missouri, Eastern Division (the “Court”) was the City’s motion to dismiss.
Plaintiffs were co-trustees of the Antoinette Ogilvy Trust (the “Trust”) that included a piece of real property in Jefferson County, Missouri…
This post was authored by Sebastian Perez, Esq.
In 1997, Blinkoff filed a lawsuit against the City of Torrington Planning and Zoning Commission (the “Planning & Zoning Commission”) and several members, alleging discrimination and denial of equal protection. Blinkoff inherited a parcel of land that had been operated as a gravel bank and excavated since the 1950s. She claimed that use of the land as a quarry had been exempt from the City of Torrington’s (the “City”) zoning regulations. Blinkoff alleged that she faced restrictions and selective enforcement based on her gender and religion. The 1997 case went to trial…
This post was authored by Matthew Loescher, Esq.
In 2003, the City of Augusta, Georgia enacted an adult-entertainment ordinance with the stated purpose of combating negative secondary effects associated with adult-oriented businesses. The owners and operators of two longstanding nude-dancing clubs in downtown Augusta, the Discotheque Lounge and Joker’s Lounge, sued the City and others claiming that the ordinance and related regulations violated the First Amendment. The district court granted summary judgment to the City on some claims and held that the plaintiffs lacked standing on other claims, and this appeal followed.
On appeal, Plaintiffs first argued that the 2003…
This post is authored by Andrew LW Peters originally appeared on the Rocky Mountain Sign Law Blog and is reposted with permission.
The Federal District Court for the District of North Dakota denied a request for a preliminary injunction that would have forced the City of Fargo to allow a “premier adult toy retailer” to open a downtown location.
The case arose out of a zoning dispute between plaintiff “Romantix” and Fargo’s planning department. Romantix is considered itself just another eligible retailer to locate downtown. City officials disagreed, saying that Romantix’s business of selling sexual devices instead made it an…
Conscious Consumerism, Class Actions, and Carbon Offsets
Rina Zhang
A growing segment of environmentally-minded consumers choose to spend their money on brands and products that signal their commitment to sustainability.”[1] However, as more companies label their products with environmental sustainability claims like “green,” and “carbon neutral”, there are increasing concerns that some of these terms are misleading and misrepresent practices that fall short of consumer perceptions.[2] As more corporations turn towards carbon offsets to reduce their environmental footprint, recent greenwashing class actions highlight issues that arise when voluntary carbon markets and marketing intersect.[3]
In October 2022, plaintiffs filed a class…