
This post was authored by Matthew Loescher, Esq.
Property owner Powlette filed a malicious prosecution suit against the township’s zoning code enforcement officer, Carlson, alleging that the officer engaged in intentional and malicious conduct by swearing to a second criminal complaint against the owner for operating a bed and breakfast without a conditional-use certificate after the original complaint against the owner was conditionally dismissed. The Court of Common Pleas, Montgomery County, granted the officer’s motion for judgment on the pleadings, and Powlette appealed.
After reviewing the pleadings, and construing all material accusations and all reasonable inferences therefrom in favor of…

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…

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…

This submit was authored by Anna Kim, Touro College Jacob D. Fuchsberg Legislation Middle
The appellant, Donald, and Judith Brinkley, appealed and argued that the Metropolis of Milford Zoning Board of Adjustment (Board) illegally granted the particular use allow to Okoboji Neighborhood College District (OCSD) with out substantial proof. The District Court docket held that the Board’s determination to approve the particular allow with a situation to delay the vegetative screening was authorized and supported by substantial proof. The Court docket of Appeals affirmed.
In Could 2021, the OCSD submitted a particular use allow to assemble a brand new bus…

Sokoloff Attorneys are dedicated to defending your privateness. This Privateness Coverage outlines how we deal with your private info to guard your privateness.
Privateness Laws:Since January 1, 2004, all Canadian organizations engaged in industrial actions have been required to adjust to the Private Info Safety and Digital Paperwork Act (“PIPEDA”) and the Canadian Requirements Affiliation Mannequin Code for the Safety of Private Info included by reference into PIPEDA . These obligations lengthen to attorneys and regulation corporations, together with Sokoloff Attorneys.
As a providers agency, we’ve skilled and moral obligations to maintain confidential the data we obtain within the context…

Sokoloff Legal professionals are dedicated to defending your privateness. This Privateness Coverage outlines how we deal with your private data to guard your privateness.
Privateness Laws:Since January 1, 2004, all Canadian organizations engaged in business actions have been required to adjust to the Private Info Safety and Digital Paperwork Act (“PIPEDA”) and the Canadian Requirements Affiliation Mannequin Code for the Safety of Private Info integrated by reference into PIPEDA . These obligations prolong to legal professionals and legislation corporations, together with Sokoloff Legal professionals.
As a providers agency, we have now skilled and moral obligations to maintain confidential the knowledge…

This post was authored by Tyler Doan, Esq.
Cook Communities (Cook) bought roughly 32.6 acres of land in Hall County to build approximately 200 attached townhomes. At the time of purchase, the land was zoned for agricultural housing. Cook sought to have the zoning map changed and the property rezoned as planned residential development. Cook argued that a denial of its request would be “an unconstitutional restriction on the use of the property” and “abolish or damage [its] property rights” without fair and just compensation in violation of both state and federal constitutions. In January of 2022 the local planning…

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…