NY Appellate Court Affirms Decision to Grant Area Variances Due To Lack Of Standing and The ZBA’s Proper Consideration of Facts and Alternatives

NY Appellate Court Affirms Decision to Grant Area Variances Due To Lack Of Standing and The ZBA’s Proper Consideration of Facts and Alternatives

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…
NY Appellate Court Affirms Decision to Grant Area Variances Due To Lack Of Standing and The ZBA’s Proper Consideration of Facts and Alternatives

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 to have the zoning map changed and the property rezoned as planned residential development. Cook argued that a denial of its request would be “an unconstitutional restriction on the use of the property” and “abolish or damage [its] property rights” without fair and just compensation in violation of both state and federal constitutions. In January of 2022 the local planning…
Shulman & Partners LLP Toronto Family & Divorce Lawyers

Shulman & Partners LLP Toronto Family & Divorce Lawyers

We’re here to give you the confidence you’ve been looking for. Our experienced lawyers are here to provide you with compassionate and personalized representation to help you navigate these difficult times. Schedule an affordable consultation with Toronto’s top rated family lawyers A variety of non-adversarial tools are available to our lawyers to assist them in working towards an amicable resolution. Spousal support issues are fundamentally complex. Entitlement to spousal support may arise from either a marriage or from a common law relationship. Separation agreements allow parties to deal with property division and child custody matters as they see fit without…
NY Appellate Court Affirms Decision to Grant Area Variances Due To Lack Of Standing and The ZBA’s Proper Consideration of Facts and Alternatives

NY Appellate Court Rules that Lawsuit Challenging “House of Worship Law” was Timely Filed and Sufficiently Alleged SEQRA Violations

This post was authored by Amy Lavine, Esq. The NY Appellate Division, Second Department, issued a pair of SEQRA decisions in March, 2023 involving the Village of Chestnut Ridge’s 2019 “House of Worship Law,” which sought to allow additional gathering places and houses of worship in residential districts. in the first case, Matter of Kogut v Village of Chestnut Ridge, 2023 NY Slip Op 01283 (2d Dept. 3/15/23), the court held that the petitioners were timely in filing the proceeding pursuant to the savings provision of CPLR 205(a). The court found that the requirements in that section were satisfied because…
Ross – Spring 2023 – MJEAL

Ross – Spring 2023 – MJEAL

The Hexavalent Chromium Spill That Never Happened: Without Disasters, Where Does Environmental Litigation Come From? Kathleen Ross On July 29, 2022, Tribar Manufacturing, an auto supply manufacturer, improperly released 10,000 gallons of toxicant-containing discharge into the sewer system of Wixom, Michigan.[1] The release overwhelmed the Wixom wastewater treatment plant and entered Norton Creek, a tributary of the Huron River, before being discovered.[2] Early reporting suggested that thousands of gallons of the toxic chemical compound hexavalent chromium had made its way into the Huron River, prompting panic and anger in downstream communities.[3] A number of factors contributed to the furor. Hexavalent…
NY Appellate Court Affirms Decision to Grant Area Variances Due To Lack Of Standing and The ZBA’s Proper Consideration of Facts and Alternatives

Fed. Dist. Court in WI Upholds Denial of Athletic Field Lights Over Claims of Religious Discrimination

This post was originally published on the RLUIPA Defense blog by Evan Seeman, Esq. and Madeleine Laffitte, Esq. of Robinson Cole and is reposted with permission. On December 30, 2022, a district court dismissed a Catholic high school’s RLUIPA challenge, granting summary judgment on all claims in favor of the City of Madison, Wisconsin and various other city officials (the City). As ruled by the court, the City did not discriminate against Edgewood High School of the Sacred Heart, Inc. on the basis of religion when it was denied Edgewood’s latest conditional use permit application for outdoor lighting at 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…
Harm Legal professionals Toronto |  Sokoloff Legal professionals

Harm Legal professionals Toronto | Sokoloff Legal professionals

Sokoloff Legal professionals are dedicated to defending your privateness. This Privateness Coverage outlines how we deal with your private data to guard your privateness. Privateness Laws:Since January 1, 2004, all Canadian organizations engaged in business actions have been required to adjust to the Private Info Safety and Digital Paperwork Act (“PIPEDA”) and the Canadian Requirements Affiliation Mannequin Code for the Safety of Private Info integrated by reference into PIPEDA . These obligations prolong to legal professionals and legislation corporations, together with Sokoloff Legal professionals. As a providers agency, we have now skilled and moral obligations to maintain confidential the knowledge…