Second Circuit Court of Appeals Finds Claim of an Ongoing Regulatory Taking...
Plaintiff-Appellant BT Holdings, LLC appealed from the order and opinion of the United States District Court for the Southern District of New York, which granted Defendants-Appellees Village of Chester...
View ArticleNY Appellate Court Dismisses Claim Alleging Town Board’s Approval of...
Petitioners sought a review of two resolutions of the Town Board of the Town of Kent authorizing the construction and operation of a 150–foot monopole wireless communications tower. The trial court...
View ArticleFed. Dist Court of CT Finds Claims Arising From Unenforceable Owner Occupancy...
Plaintiff, 62-64 Kenyon Street Hartford, LLC (“Rooming House”), was a Connecticut limited liability company that operated a rooming house at 62-64 Kenyon Street in Hartford, Connecticut since 1960....
View ArticleNY Appellate Court finds Petition to Review Determination Granting an...
In May 2014, the Incorporated Village of Southampton Board of Historic Preservation and Architectural Review granted the application of the respondents Farrell Building Company and F.A. East End, LLC,...
View ArticleFourth Circuit Court of Appeals Holds Narrow Exception to Mootness Doctrine...
This post was authored by Matthew Loeser, Esq. Adams Housing, LLC leased a single-family house in Salisbury to two brothers and an unrelated friend. Adams received an “Order to Reduce Occupancy” from...
View ArticleSC Appeals Court Dismisses Appeal in Billboard Case Involving Nonconforming...
This post was authored by Matthew Loeser, Esq. Christ Central Ministries (“CCM”), which owned property on the corner of Main Street and Elmwood Avenue in the City of Columbia, leased a portion of the...
View ArticleFed. Dist Court in MI Denies Motion to Enforce Judgement in Wind Farm SLUP...
This post was authored by Matthew Loeser, Esq. Plaintiff Tuscola Wind III, LLC, filed a complaint against the Ellington Township and the Ellington Township Board, seeking the invalidation of the...
View ArticleNY Appellate Court Dismisses Claim Regarding Subdivision and Site Plan...
This post was authored by Matthew Loeser, Esq. This case arose out of petitioner’s development of Chestnut Ridge, a 396–unit townhouse complex in the Village of Bloomingburg, Sullivan County. As...
View ArticleNY Appellate Court Denies Appeal as Moot Following Annulment of Local Law...
This post was authored by Matthew Loeser, Esq. Petitioner Cobleskill Stone Products, Inc. operated a quarry in the Town of Schoharie, which had been in operation since the 1890s. Pursuant to respondent...
View ArticleFed. Dist. Court in NY Denies Request for Preliminary Injunction Regarding...
This post was authored by Matthew Loeser, Esq. Plaintiff, a candidate for Family Court Judge of Herkimer County, erected two political signs on her property located at the corner of Mary Street and...
View ArticleNY Appellate Court Dismisses City’s Claims Challenging Surface Shaft Permit...
This post was authored by Matthew Loescher, Esq. In 2017, respondent Department of Environmental Conservation (“DEC”) granted respondent Cargill Incorporated a permit to construct a surface shaft....
View ArticleTN Supreme Court Holds Vacatur and Remand to Trial Court was Warranted to...
This post was authored by Matthew Loescher, Esq. Plaintiff Elijah “Lij” Shaw, a professional record producer who has lived in East Nashville for a number of years, renovated the detached garage at his...
View ArticleNY Appellate Court Holds that Petition was Moot Due to Building’s Removal
This post was authored by Amy Lavine, Esq. Matter of 182 LA, LLC v Town of Brookhaven involved a petition seeking to review a determination made by the Town Board of the Town of Brookhaven that...
View ArticleNew York Appellate Court Determines That Maintaining Status Quo Is Essential...
This post was authored by Tyler Doan, Esq. Petitioner owns real property on a short dead end roadway in the City of Ithaca abutting Summit Avenue. An adjacent property, that Summit Ave is on, has been...
View ArticleNY Appellate Court Dismisses SEQRA and Consistency with LWRP and Zoning...
Petitioners 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...
View ArticleNY Appellate Court Renders Claim Moot Where Construction is Substantially...
This post was authored by John Kelly, Touro University, Jacob D. Fuchsberg Law Center The petitioner owns property adjacent to Summit Avenue in the City of Ithaca (the “City”), and previously filed an...
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