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 for the development of a single-family residence on his property in Placerville. Sheetz appealed from the judgment entered after the trial court docket sustained the County’s demurrer with out depart to amend and denied his verified petition for writ of mandate. On attraction, Sheetz contended for reversal was required as a result of the TIM price was invalid beneath each…
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 to whether a portion of land ought to have been rezoned for the aim of creating a medical marijuana cultivation facility , as permitted by the county board of supervisors. Following a bench trial and supplemental movement for abstract judgment, the Superior Courtroom, Graham County, denied electors’ request for injunctive reduction.
On attraction, Jones first argued the trial courtroom dominated…
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 Amy Lavine, Esq.
in Extenet Systems, LLC v. Village of Kings Pointthe Second Circuit Court of Appeals affirmed the denial of eight residents’ motion to intervene in a lawsuit brought by ExteNet against the village for violations of the Telecommunications Act of 1996.
The court rejected the residents’ claims that intervention was necessary to protect their properties from the alleged aesthetic and economic impacts that would be caused by the installation of wireless cellular equipment on nearby properties. As the court explained, it was reasonable for the district court to conclude that the residents’ interests…
Posted by: Patricia Salkin | June 30, 2023
NY Appellate Court Dismisses SEQRA and Consistency with LWRP and Zoning Ordinance Claims Finding the Matter MootPetitioners brought an Article 78 proceeding to annul the determination of the Erie Canal Harbor Development Corporation issuing a negative declaration pursuant to SEQRA with respect to a construction project and to annual the determination of the City of Buffalo that the project was consistent with the City’s Local Waterfront Revitalization Program and the City’s zoning ordinance. However, the petitioner did not move for preliminary injunctive relief to enjoin the construction from continuing pending the…
The most immediate concerns after a car accident are your health and your legal obligations.
First, you should be evaluated by a physician for any injuries. Not all car accident injuries are obvious. Brain injuries can be essential invisible, and other conditions may not show symptoms for hours or days after a car accident due to adrenaline and shock.
Next, you want to collect as much information about the accident as possible. Get all relevant information such as license plate numbers, names, locations, insurance providers, and other details and organize it. If there were any witnesses present at the scene,…
What’s Going on With Wetlands? The Supreme Court Takes Another Dive into the “Waters of the US”
Sarah MatrianSocial 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…
This post was authored by Matthew Loescher, Esq.
In 2018, the City of Puyallup adopted the Puyallup Municipal Ordinance (PMO) 3179, which established a new chapter of the Puyallup Municipal Code—chapter 20.72 (PMC 20.72). This new code chapter restricted the sites of day use centers and overnight shelters serving people experiencing homelessness within the City. The ordinance permitted such centers and shelters only in industrial zones in a small corner of the City that was distant from any services and had almost no access to transit. Siting anywhere else in the City required approval from a majority of Puyallup’s city…
