Tag: attorney salary

10th Circuit Court of Appeals Upholds Dismissal of Lawsuit Challenging Denial of Area Variances for a Digital Billboard on Claim Preclusion Grounds

10th Circuit Court of Appeals Upholds Dismissal of Lawsuit Challenging Denial of Area Variances for a Digital Billboard on Claim Preclusion Grounds

by samput

Posted by: Patricia Salkin | November 23, 2022

10th Circuit Court of Appeals Upholds Dismissal of Lawsuit Challenging Denial of Area Variances for a Digital Billboard on Claim Preclusion Grounds

Macgowan’s application for area variances in 2018 to erect a digital billboard next to the interstate within Town limits was denied under a provision in the Town Code that prohibits off-premises advertising. He filed suit in federal court and was dismissed for failure to state a claim upon which relief could be granted. In 2021 he again requested a variance and the Town again denied it on the same grounds.

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NY Appellate Court Upholds Area Variance Denial and Refuses to Entertain Bias Claim Raised on Appeal for the First Time

NY Appellate Court Upholds Area Variance Denial and Refuses to Entertain Bias Claim Raised on Appeal for the First Time

by samput

Posted by: Patricia Salkin | November 24, 2022

NY Appellate Court Upholds Area Variance Denial and Refuses to Entertain Bias Claim Raised on Appeal for the First Time

The Petitioner’s application for area variances to build a single-family dwelling on a substandard lot in the Town was denied. The petitioner appealed to the trial court which upheld the denial and the appellate court affirmed. The appellate court agreed that that the Board of Zoning Appeals engaged in the required balancing test, noting that the Board concluded that the detriment to the surrounding neighborhood should the variances be granted was outweighed

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NY Appellate Court Upholds Board of Standards and Appeals Determination Finding it Was Based on Substantial Evidence

NY Appellate Court Upholds Board of Standards and Appeals Determination Finding it Was Based on Substantial Evidence

by samput

This post was authored by Jennifer Champey, Jacob D. Fuchsberg Touro Law Center

This case, decided by the Appellate Division, First Department of New York, on appeal addresses a matter pertaining to the northern section of a side lot in New York City. The court discussed the application of Zoning Resolutions and found that the Board of Standards and Appeals (BSA) was reasonable in its determination but does urge that inconsistencies in the Zoning Resolution be addressed.

The petitioner claims that the lot in question was below curb level and therefore in violation of New York City Zoning Resolution §

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10th Circuit Court of Appeals Upholds Dismissal of Lawsuit Challenging Denial of Area Variances for a Digital Billboard on Claim Preclusion Grounds

MI Appeals Court Holds Township Can Use Drone Captured Evidence to Enforce Zoning Without Violating 4th Amendment Since Enforcement was Civil and not Criminal

by samput

This post was authored by Anna Kim, Jacob D. Fuchsberg Touro Law Center

The Long Lake Township brought a zoning action against homeowners Todd and Heather Maxon for storing junk on their five-acre property in 2007. The homeowners were required by a settlement agreement in 2008 to maintain their property and refrain from storing additional junk cars.

However, the homeowners allegedly continued to expand their junkyard, which drew complaints from nearby neighbors. The township hired Zero Gravity Aerial because they could not validate the claims due to obstructed views on the homeowner’s property. The company took aerial photographs that showed

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MO Appeals Courtroom finds {that a} “property” proprietor failed to offer enough proof for his parcel of land to be re-zoned for business use

MO Appeals Courtroom finds {that a} “property” proprietor failed to offer enough proof for his parcel of land to be re-zoned for business use

by samput

This submit was authored by Jennifer Autar, Jacob D. Fuchsberg Touro Regulation Heart

Defendant-Respondent Ray Dickhaner, LLC (“Dickhaner”) owns a 1.6-acre parcel within the Metropolis of Arnold (“Arnold”) and formally requested in January 2021 that or not it’s re-zoned for business use. The Metropolis of Arnold denied his request, and Dickhaner filed this motion in circuit courtroom looking for administrative overview and declaratory judgment invalidating the present residential zoning. Not lengthy after, Dickhaner filed a movement for abstract judgment with the only argument primarily based on an affidavit by a land surveyor, Dan Govero (“Govero).

Mr. Govero opined in his

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NY Appellate Courtroom Affirms Approval of Photo voltaic Farm Utility Underneath Prior Zoning Rules

NY Appellate Courtroom Affirms Approval of Photo voltaic Farm Utility Underneath Prior Zoning Rules

by samput

This put up was authored by Amy Lavine, Esq.

A latest appellate court docket determination from New York upheld a planning board willpower discovering {that a} photo voltaic farm software was exempt from newly-enacted restrictions on the sitting of photo voltaic vitality amenities as a result of the appliance was pending when the laws was handed.

The property proprietor on this case submitted an software for a photo voltaic farm in September 2013 and the appliance was deemed “full” by the city’s Division of Planning, Surroundings and Land Administration in September 2016. Earlier than the appliance was determined, the city

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NY Appellate Courtroom Affirms Denial of Liquor Retailer’s Utility to Develop Retail Area

NY Appellate Courtroom Affirms Denial of Liquor Retailer’s Utility to Develop Retail Area

by samput

Posted by: Patricia Salkin | October 25, 2022

NY Appellate Courtroom Affirms Denial of Liquor Retailer’s Utility to Develop Retail Area

This publish was authored by Amy Lavine, Esq.

A dedication from the New York State Liquor Authority (NYSLA) that denied a liquor retailer’s utility to increase its retail premises by 65 % was upheld by a state appellate court docket. The court docket discovered that the denial had a rational foundation and was not arbitrary or capricious, for the reason that liquor retailer failed to indicate that granting its utility would serve the “public comfort and benefit” as required

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DE Supreme Court docket Finds Zoning Code Ambiguous as to Gross Flooring Space Calculation

DE Supreme Court docket Finds Zoning Code Ambiguous as to Gross Flooring Space Calculation

by samput

This submit was authored by Matthew Loescher, Esq.

Jack Lingo Asset Administration sought permission from the Metropolis of Rehoboth Seashore to construct an unroofed, railed walkway extending from the second ground over the flat roof to a stairway main all the way down to Christian Avenue. The exit walkway wouldn’t be seen from the principle thoroughfare. The Metropolis denied Lingo’s utility, discovering that the railings surrounding the walkway would technically develop the Gross Flooring Space (or “GFA”) of 240 Rehoboth Avenue underneath Part 270 of the Code of Rehoboth Seashore. This enlargement in GFA would require Lingo to offer an

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