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Law of the Land 

Forum for the discussion of current laws, policies and decisions that affect the use of land. Highlights new court decisions, new state and federal laws, and actions at the local government level that guide and/or impact land use and community development.
Post Frequency: 4.4/day Last Entry: October 28, 2020 at 16:28:04 Recent Entries: 1333
By atricia Salkin
Go to Law of the Land, find other Real Estate & Property Law blogs, or browse all law blogs.
E-Mail Received After Close of Public Hearing Could Be Considered Since it Contained No New Evidence
Posted on March 03, 2009General Plan of Development Upheld as Non-Binding on All Interested Parties
Posted on March 02, 2009Planning Board Appropriately Considered Resubdivision Potential of All Lots in Proposed Subdivision
Posted on March 01, 2009DOJ Settles Suit Alleging Zoning Discrimination By Nashville Against Faith-Based Substance Abuse Program
Posted on February 28, 2009Third Circuit Court of Appeals Finds Developer Has Standing as Option Holder to Challenge Zoning Restrictions
Posted on February 27, 2009Utah Supreme Court Holds Appeal Period Begins to Run From Date of Notice Not Date of Permit Issuance
Posted on February 26, 2009The Utah Supreme Court held that an appeal period begins to run from the date when an aggrieved party has actual or constructive notice of permit issuance and not the date of permit issuance. Following Park City’s approval of a building permit on July 14, 2005 the developer began construction of the project several months [...
Appeal of Conditional Site Plan Approval Time Barred
Posted on February 26, 2009In response to an effort to dismiss its petition as being outside the 30-day statute of limitations applicable to review of Planning Board approvals of site plans, the petitioner asserted that the Town Board acted without jurisdiction and beyond the scope of its authority when it imposed a condition related to the location of an [...
Sixth Circuit Finds County Licensing Scheme for Sexually-Oriented Businesses Ordinance Constitutional
Posted on February 25, 2009The Plaintiffs, owners of three adult entertainment businesses, challenged the constitutionality of a Knox County (TN) ordinance that establishes licensing requirements and regulations for sexually-oriented businesses. The district court granted summary judgment for the County(with a minor exception - the court ordered the severance of two crimes, ?racketeering? and ?dealing in controlled substances,? from the [...
Water Tank Does Not Constitute a Private Nuisance
Posted on February 24, 2009Town?s construction of a water tank 30 foot-high and 35 feet in diameter on an adjacent parcel does not constitute a private nuisance. A private nuisance is an intentional interference with a person?s right to use and enjoy his or her property that is ?substantial in nature? and ?unreasonable in character?...
City Department of Investigation May Issue Subpoena to Private Citizen Where Letter Read Into the Record May Have Been Altered
Posted on February 24, 2009A New York Appellate Court upheld the City of New York Department of Investigation?s authority to subpoena private citizens during an investigation regarding a public hearing before the City Landmarks Commission. During a hearing, it was alleged that a member of a community group read a letter from the Borough President into the record, but [...
New York Court of Appeals Upholds Condemnation of Farmland
Posted on February 23, 2009Last month, New York?s high court heard oral arguments in an interesting case involving the condemnation of land as part of the Town?s farmland preservation program. In a short memorandum opinion issued last week, the Court said upheld the condemnation without addressing the Plaintiff?s Kelo argument, finding that the challenged taking was constitutionally proper even [...
NYC Conflicts of Interest Board Report Reveals Violations of Ethical Conduct in Various Land Use Related Matters
Posted on February 22, 2009I recently came across a very interesting enforcement report from the NYC Conflicts of Interest Board which summarizes enforcement cases through February 10, 2009. While these matters are of course unique to application of the NYC Conflict of Interest Law contained in Chapter 68 of the City Charter, the scenarios serve as good reminders concerning [...
US DOJ Argues District Court Erred in Dismissing Mezuzah Fair Housing Suit
Posted on February 21, 2009Back in July 2008, I reported that the Seventh Circuit held that neither RLUIPA nor the Fair Housing Act applies to regulations adopted by a private condominium association that prohibits the posting of a mezuzah on a doorpost (click here). According to the latest issue of Religious Freedom in Focus (January/February 2009) published by the [...
Commercial Parking Lot in Residential District Upheld as Legal Preexisting Nonconforming Use
Posted on February 21, 2009The Respondent owned real property located partially in a Neighborhood Business District and partially in a Residence Two-Acre District. The property was used for commercial parking. Subsequent to the use, the Town amended its zoning ordinance which provides that that parking for nonresidential use may not be located in any residence district...
DEC Commissioner Designates Town Board as Lead Agency For Project Adjacent to DEC Owned and Maintained Park
Posted on February 20, 2009In a SEQR lead agency dispute between the Town of Forestburgh Town Board and the NYSDEC’s Regional Office, NYSDEC Commissioner Alexander Grannis designated the Town Board as lead agency for the proposed Lost Lake Resort, a 2,600 home resort development in Sullivan County, New York...
Appeal of Special Use Permit Denial Dismissed for Improper Service
Posted on February 20, 2009Following a denial of a special use permit by the zoning board of appeals for the operation of a sand and gravel mine, the petitioner appealed, but failed to properly serve notice upon the municipality. Service was made on the Village of Fredonia rather than the Town of Pomfret, and although a Village employee delivered [...
In Important Climate Change Case NY Appeals Court Upholds Denial of Site Plan Based On Significant Increase of Air Emissions
Posted on February 19, 2009Laidlaw Energy and Environmental, Inc. acquired a lumber drying kiln and natural gas fired cogeneration electric power plant in the Town of Ellicottville. Shortly after its purchase, the facility was shut down. According to its owner, this was due to the inability to generate electricity profitability due to the rising price of natural gas...
Planning Board Member?s Personal Relationship with Engineering Firm Principal Creates a Prohibited Conflict-of-Interest
Posted on February 18, 2009For the past ten years. the Chairwoman (Roberts) of the City Planning Board has lived with, and owns a home together with, the principal of the engineering firm that employs the contracted for services of the planning board engineer. The Board?s annual contract for engineering services with the engineer acknowledges the relationship of the engineer [...
NYS DEC Launches Climate Smart Communities Initiative
Posted on February 18, 2009The NYS Department of Environmental Conservation announced the Climate Smart Communities Program, a state and local partnership designed to encourage climate protection. The agency is promoting a voluntary Climate Smart Community Pledge that can be adopted through a local resolution (a model is provided on the site)...
Utah Supreme Court Holds County Must Hold Referendum Before Allowing Planned Resort Development to Proceed
Posted on February 17, 2009The Utah Supreme Court found that since residents gathered enough signatures to require a referendum on the County’s 2007 agreement with a developer for a proposed $3.5 million gated club with recreational and residential uses, the county must schedule the vote before it may allow the development to proceed...
NJ Supreme Court Smells a Rat ? Balloon Prohibition Violates First Amendment
Posted on February 16, 2009A Lawrence Township ordinance prohibited all but a few signs, and it expressly prohibited ?banners, pennants, streamers … portable signs, balloons or other inflated signs (except grand opening signs).? In 2005, members of the International Brotherhood of Electrical Workers, Local 269, were protesting at Gold?s Gym in the Township because of a labor dispute with [...
1st Circuit Court of Appeals Upholds Dismissal of Takings Claims Pending Decision from FERC on License Termination
Posted on February 15, 2009Lichoulas owned or served as trustee for five parcels of land that were taken by eminent domain by the City of Lowell in 2006. A hydroelectric power facility was located on the property pursuant to a 1986 license granted by the Federal Energy Regulatory Commission (FERC)...
Bar Association Task Force on Global Warming Issues Report
Posted on February 14, 2009New York State Bar Association President Bernice Leber created a special Task Force on Global Warming to review and summarize New York?s existing laws and programs (taking into account the existing and pending federal laws and local initiatives) regarding climate change, and to make specific proposals that the State can implement in a timely and cost-effective [...
Court Upholds Use of Eminent Domain for Wind Energy and Finds That Ethics Allegation Was Procedurally Flawed
Posted on February 13, 2009Following a condemnation of a portion of the petitioners? property by the Town Board to create easements to enable the placement of underground electricity lines for a wind farm project, the petitioners challenged the action alleging that the Town Supervisor, who cast the deciding vote on both the resolution commencing the condemnation proceedings and the [...
Chicago Landmarks Ordinance Unconstitutionally Vague, Ambiguous and Overbroad
Posted on February 12, 2009Among other things, the Chicago Landmark Ordinance establishes a Commission to engage in various activities to protect and encourage the continued utilization of areas, districts, structures and buildings that are eligible for designation as a Chicago Landmark...
City Zoning Code Does Not Reach Cyberspace: Adult Activities Inside Residence Broadcast Over the Internet Immune from Zoning Regulations
Posted on February 11, 2009Following a ruling in June holding that the Plaintiffs, Flava Works, had standing to challenge the application of the zoning ordinance of the City of Miami to its virtual adult use, the District Court granted the plaintiffs summary judgment. Flava Works operates CocoDorm...
Reasonableness of Amortization Period Requires Fact Specific Inquiry
Posted on February 10, 2009In 1994, the Plaintiff acquired property that included an asphalt plant that had been in existence since 1945. In 1985, the Village Board of Trustees amended the zoning code making the use of the property for an asphalt plant nonconforming. In 2000, the Board of Trustees adopted a local law to amortize the nonconforming asphalt [...
State Regulation of Sign with Religious Message May Violate First Amendment
Posted on February 09, 2009A federal district court issued a preliminary injunction allowing a sign with a religious message to continue to be located on private property along a state highway. The Plaintiff, Daniel Burritt, operates a bridge building business which he named ?Acts I Construction, Inc...
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NEIGHBOR FLOODING YOUR LAND? COURT MUST USE BALANCING TEST TO DETERMINE IF IT’S A NUISANCE.
Topic: Land Use, Trespassing, Private Nuisance The Appeals Court o...
Enlarging Time to Appeal Land Use Decisions in the Interests of Justice
In Gregory v. Borough of Avalon, the Appellate Division evaluated ...
City to issue its position on land seizure
Raymond Papperman, Shareholder and member of Stark & Stark's Real ...
Neighbor Flooding your Land?
Topic: Land Use, Trespassing, Private Nuisance The Appeals Court o...
2007 Land Use Update
Gary Forshner will be speaking at New Jersey ICLE's "2007 Land Use...
Divorce what will I get if all is in his families name?
yes...
Every since president bush passed the patriot act wich lifted the 7 yr. credit protection my father has'nt been able to land a job since! what in the hell do these people expect ex-offenders to do if they can't even work
If I understand you right. Your father's 20 year sex offender conviction wi...
My aunt's property was recently divided due to her death. The piece I will get has a small house on it. Will I have to pay the other 3 family memebers for the house if I get the land?
If the property was specifically didvided to seperate heirs in the will, then wh...
Where can I fine free legal help or some willing to provide probono work. I live in MS and the matter regards house and land.
There is help through Legal Aid in many cities, you may qualify for free service...
How can I get my parents away from my bulling brother?
First of all, if you are paying your lawyer, you should not be on the back burne...

Divorce what will I get if all is in his families name?
yes...
Every since president bush passed the patriot act wich lifted the 7 yr. credit protection my father has'nt been able to land a job since! what in the hell do these people expect ex-offenders to do if they can't even work
If I understand you right. Your father's 20 year sex offender conviction wi...
My aunt's property was recently divided due to her death. The piece I will get has a small house on it. Will I have to pay the other 3 family memebers for the house if I get the land?
If the property was specifically didvided to seperate heirs in the will, then wh...
Where can I fine free legal help or some willing to provide probono work. I live in MS and the matter regards house and land.
There is help through Legal Aid in many cities, you may qualify for free service...
How can I get my parents away from my bulling brother?
First of all, if you are paying your lawyer, you should not be on the back burne...








