NY Appellate Court Affirms Denial of Area Variances Based on Neighborhood Character and Because the Requested Variances were Substantial

NY Appellate Court Affirms Denial of Area Variances Based on Neighborhood Character and Because the Requested Variances were Substantial

This post was authored by Amy Lavine, Esq. The petitioner had requested variances from several different zoning requirements, including the regulations for lot area, lot frontage, front yard setbacks, rear yard setbacks, and minimum and total side yard setbacks, which it needed so that it could build a single faming home. The board of zoning appeals (BZA) denied its request for area variances, however, and the Second Department confirmed the BZA’s denial on appeal. As the court explained, there was sufficient evidence to support the BZA’s determination that there would be an undesirable impact on the character of the neighborhood…
How Ace Attorney spawned one of the most enduring character ships ever

How Ace Attorney spawned one of the most enduring character ships ever

“The entire game revolves around these two men dancing around each other. The courtroom battles are like a tango, a back-and-forth exchange.” That’s how Claire Stenger, senior narrative designer at Gameloft, describes the relationship between Phoenix Wright and Miles Edgeworth. But anyone that’s played Capcom’s Ace Attorney games probably already knew that. The relationship between the upbeat defense attorney and the aloof prosecutor has become one of the most popular character “ships” in video game fandom. (Shipping has been around since the ’60s heyday of Kirk and Spock, and usually refers to fans’ use of artwork, fanfiction, or memes to…
NY Appellate Court Affirms Denial of Area Variances Based on Neighborhood Character and Because the Requested Variances were Substantial

MA Land Court Interprets Overlapping Zoning Definitions for Hot Tubs and Swimming Pools

This post was authored by Amy Lavine, Esq. A Massachusetts case decided in August considered the Town of Nantucket’s zoning definitions for “hot tub/spa” and “swimming pool.” Specifically, the zoning code defined a “hot tub/spa” as a structure with less than 150 square feet of surface area and more than two feet of depth, while a “swimming pool” was defined as a structure either with more than 150 square feet of surface area or containing more than 1,000 gallons of water. The definition created a dilemma because of the structure “could at the same time have less than 150 square…
Fed.  Dist.  Court of Michigan Finds Plaintiffs Did Not Obtain a Vested Property Interest Because Their Nonconforming Use Did Not Comply with Prior Zoning

Fed. Dist. Court of Michigan Finds Plaintiffs Did Not Obtain a Vested Property Interest Because Their Nonconforming Use Did Not Comply with Prior Zoning

This post was authored by Matthew Loescher, Esq. Plaintiffs owned homes in the City of New Buffalo, Michigan, that they used, or intended to use, as short-term rental properties. In 2019, the City passed an ordinance requiring homeowners in the City to obtain a permit before using their homes as short-term rentals. In 2020, the City adopted a resolution that suspended the issuance of such permits. Plaintiffs brought this action against the City to challenge the validity of that resolution under state and federal law. At the outset, the court noted that Plaintiffs’ failure or inability to obtain a short-term…
TX Court docket of Appeals Finds Alleged Violations of the Texas Public Info Act have been Ample to Survive Abstract Judgment

TX Court docket of Appeals Finds Alleged Violations of the Texas Public Info Act have been Ample to Survive Abstract Judgment

This submit was authored by Matthew Loescher, Esq. Groba owned property throughout the Metropolis of Gelena Park and utilized for a allow to construct a quadruplex on that property. The Metropolis rejected his software, and Groba was suggested {that a} new Metropolis ordinance prevented him from constructing a multi-family unit on his property. Groba’s attorneys filed an “open information request” with the Metropolis searching for “manufacturing of all ordinances related to the situation, placement, and basic existence of duplexes throughout the Metropolis of Galena Park.” In October 2019, Groba’s attorneys despatched a letter to the Texas Legal professional Basic complaining…
AL Supreme Court docket Finds Boat-Launch Mission was a Governmental Perform, Moderately than a Proprietary One Making City Immune from Zoning Ordinance Set-Again

AL Supreme Court docket Finds Boat-Launch Mission was a Governmental Perform, Moderately than a Proprietary One Making City Immune from Zoning Ordinance Set-Again

This put up was authored by Matthew Loescher, Esq. The Chandlers and Barnes had sought an injunction to forestall the City Council of Perdido Seashore from establishing a public boat launch and pier on the finish of State Road on the western shore of Soldier’s Creek. – adjoining to their properties. On this case, the property appealed from a judgment entered by the Baldwin Circuit Court docket after a bench trial in favor of the City Council. Upon evaluate of the report, the court docket famous that the proposed boat launch can be positioned the place State Road ends on…
‘Trump will distance, disparage, and destroy’

‘Trump will distance, disparage, and destroy’

IE 11 will not be supported. For an optimum expertise go to our web site on one other browser.UP NEXTGood Liars create ‘Trustworthy Trump Playing cards’ specializing in 2020 election loss 06:17‘Packing 537 days into one report’: What to anticipate from Jan 6 Committee closing report 05:02Fmr. Mayor of San Antonio on lifting of Title 42: ‘Our immigration system will not be working.’ 04:35‘It is completely unsafe and we cannot stand for it’: Flight attendants communicate out in opposition to one-pilot cockpits 05:54“What I noticed and heard should not be tolerated in our nation:’…
NY Appellate Court Affirms Denial of Area Variances Based on Neighborhood Character and Because the Requested Variances were Substantial

Fifth Circuit Court of Appeals Affirms City’s Sign Code Survives Intermediate Scrutiny

This post was authored by Tyler Doan, Esq. Plaintiffs filed applications with the City of Austin to digitize existing traditional billboards and to upgrade signs with less sophisticated digitization. The Defendant denied their application because the signs would advertise for things not located on the site where the sign was installed. “In sum, off-premises signs could not be upgraded.” A lawsuit ensued and the Sign Code was upheld in the district court and initially reversed in the Fifth Circuit as unable to survive strict scrutiny. The case was then appealed to the US Supreme Court. The Supreme Court held that…