Second Circuit Court of Appeals Affirms Dismissal of Selective Enforcement and Equal Protection Claims in Treehouse Permitting Case

This post was authored by Amy Lavine, Esq.

in Lepper v. Scordinothe Second Circuit Court of Appeals affirmed the dismissal of selective enforcement and class-of-one equal protection claims involving a treehouse that was built without a permit.

The court first explained that on a selective enforcement claim, a plaintiff must show that “(1) the person, compared with others similarly situated, was selectively treated, and (2) the selective treatment was motivated by an intention to discriminate on the basis of impermissible considerations, such as race or religion, to punish or inhibit the exercise of constitutional rights, or by a malicious

Second Circuit Court of Appeals Denies Intervention in TCA Case, Citing Adequate Representation and Avoidance of Delay

This post was authored by Amy Lavine, Esq.

in Extenet Systems, LLC v. Village of Kings Pointthe Second Circuit Court of Appeals affirmed the denial of eight residents’ motion to intervene in a lawsuit brought by ExteNet against the village for violations of the Telecommunications Act of 1996.

The court rejected the residents’ claims that intervention was necessary to protect their properties from the alleged aesthetic and economic impacts that would be caused by the installation of wireless cellular equipment on nearby properties. As the court explained, it was reasonable for the district court to conclude that the residents’

Attorney General Merrick Garland to testify in front of the House Judiciary Committee in September

Attorney General Merrick Garland is scheduled to testify in front of the House Judiciary Committee on September 20, a source familiar with the plans told CNN.

The attorney general’s appearance before the panel will be for a standard oversight hearing. It’s routine for top-level executive branch officials to provide general testimony before congressional committees.

But when he testifies, Garland will be facing a number of House Republicans who are his toughest critics, and some have called for his impeachment.

Punchbowl News was the first to report on the date of Garland’s appearance before the committee.

Speaker Kevin McCarthy has also

GA Appeals Court Finds No Vested Rights and that a Valid Moratorium Existed

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

NY Appellate Court Dismisses SEQRA and Consistency with LWRP and Zoning Ordinance Claims Finding the Matter Moot

Posted by: Patricia Salkin | June 30, 2023

NY Appellate Court Dismisses SEQRA and Consistency with LWRP and Zoning Ordinance Claims Finding the Matter Moot

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 project and to annual the determination of the City of Buffalo that the project was consistent with the City’s Local Waterfront Revitalization Program and the City’s zoning ordinance. However, the petitioner did not move for preliminary injunctive relief to enjoin the construction from continuing pending the

Man charged with murder of missing woman Manijeh “Mani” Starren

Prosecutors believe Joseph Steven Jorgenson dismembered his girlfriend, Manijeh “Mani” Starren, and hid her remains in a Woodbury storage facility.

MAPLEWOOD, Minn. — The Ramsey County Attorney’s Office charged a Maplewood man Friday for allegedly killing and dismembering his girlfriend.

Joseph Steven Jorgenson, 40, faces one count of second-degree murder in connection with the disappearance and eventual death of 34-year-old Manijeh “Mani” Starren. Starren was reported missing in early June after her family had not heard from her since April 21.

Earlier in the week, Jorgenson was also charged with arson and trying to disarm a peace officer as police

Attorney General Letitia James sues 4 nursing homes, alleging ‘inhumane’ conditions, fraud

ALBANY — State Attorney General Letitia James on Wednesday filed a lawsuit against the owners and operators of four nursing homes in Queens, the Bronx, White Plains County and in Buffalo accusing the homes of fraud that harmed, neglected and humiliated residents.

“Suffering was immense, and relentless … inhumane behavior,” James said Tuesday. She said the civil action was a warning to all nursing home operators “to get their house in order.”

James claims the company, Centers for Care LLC doing business as Centers for Health Care, misused more than $83 million in Medicaid funds through “multiple fraudulent schemes.” The

Michigan AG charges 3 in signature fraud scandal involving governor’s race | Politics & Elections | Detroit

click to enlarge Michigan Attorney General Dana Nessel.  - Courtesy photo

Courtesy photo

Michigan Attorney General Dana Nessel.

Michigan Attorney General Dana Nessel filed charges Thursday against three people accused of submitting thousands of forged nominating signatures that ended the candidacies of five Republican gubernatorial candidates last year.

Willie Reed, 37; Shawn Wilmoth, 36; and Jamie Lynn Wilmoth, 36, were each charged with more than two dozen crimes, including conducting a criminal enterprise, forgery, and false pretenses.

They face up to 20 years in prison.

At a news conference, Nessel said the Wilmoths, who are married, and Reed were “the worst actors,” but additional signature collectors could be