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.
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…
This post was authored by Sebastian Perez, JD
The question before the Court of Appeals of Georgia (the “Court”) was at what point a landowner had vested rights in real property where Plaintiff purchased the subject property (the “Property”) to develop 9,000 square foot lots when the county’s zoning code (the “Code”) allowed for such density at the time but was later amended to require larger sizes. After the county, where the Property was located, passed, and extended a moratorium on processing land disturbance permits, the Plaintiff’s application to develop the Property was returned due to the moratorium. Plaintiff sought…
The Petitioner challenges the determination of the Town of Tonawanda (Town), which authorized the condemnation of property owned by the petitioner following a public hearing. The property, situated along the Niagara River, includes a coal-fired electric generating station that was decommissioned in 2016 and water intake structures. Petitioner commenced proceeding No. 1 asserting that the Town failed to publish a brief synopsis of its determination and findings within 90 days as required by EDPL 204 (A) and asserting various other grounds for relief. Shortly thereafter the Town published its determination and findings pursuant to EDPL 204 (A) and petitioner then…
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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…
This post was authored by Sebastian Perez, JD
Proposed intervenors sought to challenge AT&T’s application for a wireless facility at St. Peter’s chapel (the “Chapel”) as violative of the Telecommunications Act of 1996 (“TCA”). The judge had previously ordered Plaintiff’s and Defendant’s proposed settlement agreement (“Settlement Agreement”), but the Court granted the Proposed Intervenors’ motion (the “Motion”) finding all of the factors in FRCP 24(a)(2) governing intervention were met: (1) timeliness of the motion; (2) the movant’s interest related to the property or transaction that constituted the subject of the action; (3) absent intervention, the movant’s ability to protect its…
This post is authored by Andrew LW Peters originally appeared on the Rocky Mountain Sign Law Blog and is reposted with permission
The first federal circuit court opinions applying Reagan National Advertising of Austin, Inc. v. The city of Austin is flowing in, and local governments may perhaps breathe a sigh of relief: normalcy has returned. Just last week, the Seventh Circuit upheld Madison, Wisconsin’s regulations on “advertising signs,” the definition of which used the same on/off-premises distinction at issue in City of Austin.
The story there was typical of the genre. Madison has regulated billboards since at least the…
This post was authored by Matthew Loescher, Esq.
Representatives of the City of Paris, Kentucky, applied for a zoning map amendment to rezone the 47 acres of property from a conservation district to light industrial. The Paris City Commission and its representatives entered into a non-disclosure deal with a prospective corporate purchaser to conceal its identity. A bourbon distillery was to be built on the property, but the local Planning and Zoning Commission held a hearing during which evidence was presented, and then voted six to three to deny the zone map amendment. The Planning Commission was overruled by a…
