CA Appeals Court docket Holds Affect Mitigation Payment was Not Topic to the Heightened Scrutiny of the Nollan/Dolan Take a look at

CA Appeals Court docket Holds Affect Mitigation Payment was Not Topic to the Heightened Scrutiny of the Nollan/Dolan Take a look at

This submit was authored by Matthew Loescher, Esq. On this case, plaintiff George Sheetz challenged the $23,420 site visitors impression mitigation price (“TIM price”) imposed by the defendant El Dorado County as a situation of issuing him a constructing allow …

AZ Appeals Courtroom Finds Real Subject of Materials Truth Existed as to Validity of 93 Signatures on Referendum Petition

AZ Appeals Courtroom Finds Real Subject of Materials Truth Existed as to Validity of 93 Signatures on Referendum Petition

This publish was authored by Matthew Loescher, Esq. Electors filed a grievance for injunctive reduction in opposition to group organizations and numerous county officers difficult the validity of group organizations’ referendum petition, which sought to incorporate poll query as as …

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

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 …

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

GA Appeals Court Affirms that Board of Commissioners Acted in a Legislative Capacity When Placing Condition on a Rezoning and not in a Quasi-Judicial Capacity

This post was authored by Tyler Doan, Esq. Cook Communities (Cook) bought roughly 32.6 acres of land in Hall County to build approximately 200 attached townhomes. At the time of purchase, the land was zoned for agricultural housing. Cook sought …

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

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 …

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

IA Court of Appeals Affirms Granting of Exception Allowing for Converted Church in Residential Area to be Used for Small Gathering Space

This post was authored by Tyler Doan, Esq. The petitioner initially contested the grant of an exception to the local zoning ordinance to allow a converted church in a single-family residence area to be used as “small gathering space” for …

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

VT Supreme Court Reverses and Remands Fine Calculation of Over Use of Property as Parking Lot

This post was authored by Gabriella Mickel, JD Candidate 2024, Elisabeth Haub School of Law at Pace University. Defendant-landowner Sisters & Brothers Investment Group, LLP (SBIG) appealed an environmental-division enforcement order that prohibited them from using a property in the …