attorney is Archives

MA Land Court docket Upholds Granting of Variance to Rebuild DeckMA Land Court docket Upholds Granting of Variance to Rebuild Deck

This put up was authored by Joshua Vayner, Touro College Jacob Legislation Middle

Initially, 99 and 101 Industrial Road have been designated as a single, waterfront property between 1989 and 2010. In September 2018, the Zoning Board of Appeals of the City of Provincetown in Barnstable County Massachusetts, granted a variance to the trustees of the 99 Industrial Road Realty Belief, permitting them to rebuild a deck that was destroyed which accordingly restricted entry for people with mobility challenges In 2010, the Jack and Lora Papetsas offered the property to the Carew Defendants, who divided it into two separate properties,

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Former US attorney general says DOJ ‘back on track’ after slow start to Jan. 6 probesFormer US attorney general says DOJ ‘back on track’ after slow start to Jan. 6 probes

Former Attorney General Eric Holder said the Justice Department’s investigation into former President Trump’s efforts to overturn the 2020 election started too slowly, but that the department is now “back on track.”

“The Justice Department was a little late in leaning up its investigation, its inquiry with regards to those people at the top of this whole conspiracy,” he said in an MSNBC interview on Saturday. “They’ve done and continue to do a great job with the foot soldiers who were there on Jan. 6th.”

Holder said the agency’s early focus on lining up cases against individuals who participated in

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New York Appellate Court Determines That Maintaining Status Quo Is Essential to Combat Mootness in Challenging ZBA Variance ActionsNew York Appellate Court Determines That Maintaining Status Quo Is Essential to Combat Mootness in Challenging ZBA Variance Actions

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 owned by various entities during the relevant period. In 2017, after the then owner of the subject property blocked a portion of Summit Ave on the property in preparation for constructing an apartment complex there, the Petitioner commenced and an action contending, among other things, that it had a right of unobstructed access to Summit Ave because the roadway was either a public street

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

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NY Appellate Court Affirmed Approval of Subsurface Sewage-Disposal System Finding Local Government Complied with SEQRA and Local Law Codifying ZoningNY Appellate Court Affirmed Approval of Subsurface Sewage-Disposal System Finding Local Government Complied with SEQRA and Local Law Codifying Zoning

This post was authored by Tyler Doan, Esq.

Petitioner appealed a decision of the ZBA town, town board, and related defendants challenging a dismissal by the ZBA of the challenge to the zoning enforcement officer’s determination that a proposed subsurface sewage-disposal system was a permitted nonresidential accessory use that could be located on a split lot (one zoned partly for residential and partly for commercial use). The town board, while the petition was pending, adopted a local law on the subject of subsurface systems on split lots that effectively codified the zoning officer’s determination. The petitioner amended their complaint also

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Lead detective scrutinized during cross-examination in the Travis Rudolph murder trialLead detective scrutinized during cross-examination in the Travis Rudolph murder trial

WEST PALM BEACH, Fla. — Testimony continued Friday in the murder trial of former Florida State and NFL wide receiver Travis Rudolph.

Palm Beach County Sheriff’s Office Detective Emily Vander-Laan, the lead detective in the April 2021 shooting death of Sebastien Jean-Jacques, returned to the witness stand Friday morning for cross-examination as Rudolph’s defense attorney attempted to smear her investigative efforts.

Rudolph, 27, is charged with one count of first-degree murder and three counts of attempted first-degree murder in connection with the fatal shooting outside the ex-college football star’s Lake Park home more than two years ago.

During cross-examination, defense

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If Ken Paxton’s Staff Can Do It, Why Can’t Dianne Feinstein’s?If Ken Paxton’s Staff Can Do It, Why Can’t Dianne Feinstein’s?

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Fifth Circuit Court of Appeals Affirms City’s Sign Code Survives Intermediate ScrutinyFifth Circuit Court of Appeals Affirms City’s Sign Code Survives Intermediate Scrutiny

This post was authored by Tyler Doan, Esq.

Plaintiffs filed applications with the City of Austin to digitize existing traditional billboards and to upgrade signs with less sophisticated digitization. The Defendant denied their application because the signs would advertise for things not located on the site where the sign was installed. “In sum, off-premises signs could not be upgraded.”

A lawsuit ensued and the Sign Code was upheld in the district court and initially reversed in the Fifth Circuit as unable to survive strict scrutiny. The case was then appealed to the US Supreme Court. The Supreme Court held that

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