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…
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…
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 community events such as bridal and baby showers and class reunions. After a public hearing, the Board of Adjustments granted the exception.
The Petitioner then filed a petition for writ of certiorari challenging the board’s decision. The district court concluded the board “did not act illegally in granting the exception.” The Petitioner then appealed to the present court arguing a…
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…
This post was authored by Gabriella Mickel, JD Candidate 2024, Elisabeth Haub School of Law at Pace University
In this case, a competing hotel owner, South Bethlehem Associates, LP, challenged the decision of the Zoning Hearing Board of Bethlehem Township Pennsylvania to grant variances to Central PA Equities 30, LLC for the construction of a new hotel two blocks away. The main issue at hand is whether the competing hotel owner has the legal standing to seek a judicial review of the zoning board’s decision.
The court noted that ordinarily, standing requires a showing of adverse impact, that reflects a…
This post was authored by Robert Thomas, Esq. and originally appeared on the InverseCondemnation Blog and is reposted with permission. See, https://www.inversecondemnation.com/inversecondemnation/2023/05/ca6-legislative-conditions-are-subject-to-nexus-and-proportionality-requirements.html
The 6th Circuit Court of Appeals in Knight v. Metro. Gov’t of Nashville, No. 21-6179 (May 10, 2023) held that conditions imposed on every development — and not just ad hoc administratively-imposed conditions — must conform to the Nollan-Dolan-Koontz close nexus and rough proportionality standards.
The Sixth Circuit has added to the growing split in the lower courts about whether legislatively-imposed conditions on development which cover everyone are, as some courts characterize them, mere land use regulations subject…
What’s Going on With Wetlands? The Supreme Court Takes Another Dive into the “Waters of the US”
Sarah Matrian
Social media was once inundated with the question “is water wet?” But are wet(land) water? The Supreme Court has been asked to determine this very question and the justices will once again attempt to define the boundaries of the Clean Water Act. Depending on the outcome, certain federal protections for wetlands could either be washed away or shored up.
Water is a way of life in Michigan. Beyond manufacturing and industry, a significant portion of Michigan’s revenue is generated from recreation…
The Role of Electric Vehicles in Michigan
Eric A. Shalloway
In the state of Michigan, gas taxes contribute funds to improve roads and infrastructure, but between 2019-2021 it is estimated that there was a $50 million decrease in revenue due to electric vehicle owners not paying the tax.[1] The Michigan County Road Association explained that approximately 840 miles of roads would not be resurfaced annually, due to the loss of revenue.[2] Motor vehicles[3] have a role in the Michigan economy, and new electric vehicle manufacturing sites are increasing in the state.[4] The gas tax is increasing from 27.2 cents per…
