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

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

Fed. Dist. Court in MO Finds Support for a Taking Claim but No Due Process Violation

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

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

NY Lower Court Finds that Local Law to Promote Affordable Housing was Improperly Adopted Because of Inadequate SEQRA Review

This post was authored by Amy Lavine, Esq, A recent decision from the Suffolk County Supreme Court, Matter of Save Sag Harbor v Village of Sag Harbor, involving the village’s adoption of a local law that expanded the definition of an apartment building in order to allow more affordable housing. The village attorney had drafted a negative declaration pursuant to SEQRA, which was given to the village board members at the public hearing, but there was no discussion by the board members or public commenters about the law’s potential environmental impacts. After closing the public hearing, the board simultaneously adopted…
IA Court of Appeals Affirms Granting of Exception Allowing for Converted Church in Residential Area to be Used for Small Gathering Space

PA Supreme Court Holds Municipalities Have No Duty to Review and Revise Zoning Ordinances or to Rezone for a Particular Use Where a Property Owner’s Use is

This post was authored by Matthew Loescher, Esq. Charlestown Township, a municipality in Chester County, enacted a zoning ordinance that permits outdoor, off-premises advertising signs in a particular district. A statewide regulation concerning roadside billboards promulgated by the Pennsylvania Department of Transportation (“PennDOT”) had the practical effect of barring that use. The property owner Charlestown Outdoor, LLC appealed the decision of the township zoning board, which denied the property owner’s challenge to the validity of the township’s zoning ordinance that permitted the construction of billboards in the zoning district. The Court of Common Pleas, Chester County, affirmed the zoning board’s…
Lok – Fall 2022 – MJEAL

Lok – Fall 2022 – MJEAL

SEC Focus on Climate Change Risk and Disclosure Kathleen Lok As environmental concerns continue to research, investors and companies have continued to contend with how to report the impact of climate related risks on their business. Currently, the SEC does not require any specific environmental risk reporting, and instead bases disclosures on materiality.[1] This lack of a standardized framework gives companies much discretion to decide what environmental and climate-related information they choose to report, which is often done through voluntary sustainability reports.[2] A 2022 survey by Deloitte showed that more than two-thirds of public companies with over $500 million in…
Lok – Fall 2022 – 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]…
Lok – Fall 2022 – MJEAL

Lehman – Spring 2022 – MJEAL

Agency Delegation to External Parties: An Unexplored Challenge Benjamin Lehman The Supreme Court recently declined to grant cert in Texas v. Commissioner of Internal Revenue, a case from the 5thth Circuit. However, the three justices said the decision was driven by threshold issues of mootness and statute of limitations, but they would grant a review on the delegation issues in a future case.[1] The case revived two major questions about the constitutional limits on delegation and presented a third issue for the first time. First, the petition challenged the extent to which legislative power can be constitutionally delegated away from…