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

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

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 City of Burlington as a parking lot, requiring them to address site-improvement deficiencies as per an agreement with the prior owner and the City, and imposing fines of $66,759.22. SBIG purchased the property, a gas and service station (a preexisting, nonconforming use), in 2004, which had existing violations. An agreement was signed between the prior owner and the City, specifying…
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 Rules that Lawsuit Challenging “House of Worship Law” was Timely Filed and Sufficiently Alleged SEQRA Violations

Fed. Dist. Court in ND Says No Preliminary Injunction to Prohibit Fargo from Excluding Adult Toy Store Downtown

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…
Ross – Spring 2023 – MJEAL

Chackalackal – Spring 2022 – MJEAL

Climate Torts Against Big Agriculture Shanthi Chackalackal Over the past two decades, the way society has discussed what was once referred to as “global warming” has changed dramatically, becoming “climate change,” “the climate crisis,” and most recently, “the climate emergency.” This new sense of urgency reflects more than just rhetorical flourish; underlying it are the increasingly direct warnings of the scientific community that if governments do not act swiftly to curb carbon emissions, the devastating effects of the climate crisis will become irreversible. In a recent press release, Intergovernmental Panel on Climate Change (IPCC) Chair Hoesung Lee emphasized the necessity…
Ace Attorney Fans Are Angry Over People Calling Clown Lady Hot

Ace Attorney Fans Are Angry Over People Calling Clown Lady Hot

home Game News Ace Attorney Fans Are Angry Over People Calling Clown Lady Hot Ace Attorney fans are very upset over an animation that shows Geiru snapping her suspenders into her bust. If you’re a fan of the Ace Attorney series then you may be aware of the clown girl. For those who aren’t aware it’s probably helpful if I bring you up to speed. Geiru Toneido is a villain from the 2016 3DS title Phoenix Wright: Ace Attorney: Spirit of Justice. To simplifly: She’s the daughter of a famous performer but an instructor tells her she’s not cut out…
Ross – Spring 2023 – MJEAL

Elfarissi – Spring 2022 – MJEAL

Walmart’s Liabilities Under the HWCL: A California Case Study Rita Elfarisi In December 2021, the California Attorney General along with approximately a dozen district attorneys filed a lawsuit against Walmart.[1] The complaint alleges Walmart dumped nearly 80 tons of hazardous waste from more than 300 stores in California landfills throughout the state every year over the past five years.[2] More specifically, the complaint alleges Walmart violated several provisions of California Health and Safety Code section 25189, among other things.[3] The statute subjects individuals and entities who do not comply with the Hazardous Waste and Control Law (“HWCL”) to civil penalties.[4]…
NY Appellate Court Rules that Lawsuit Challenging “House of Worship Law” was Timely Filed and Sufficiently Alleged SEQRA Violations

IL Appellate Court Holds City Immune From Tort Liability in Zoning Case

This post was originally published in Municipal Minute by Julie Tappendorf, Esq. of Ancel Glink and is reposted with permission In Xochi, LLC v. City of Galena, the Illinois Appellate Court found the City immune from liability under the Tort Immunity Act for claims relating to a zoning approval relating to a cannabis dispensary and upheld the dismissal of the case against the City. Xochi owned a building in the City of Galena which it agreed to lease to Veriflife, who intended to operate a cannabis dispensary. Verilife asked the City to complete a zoning form to certify that local…