IA Appeals Court docket Affirms Zoning Board of Annulment’s Choice that Particular Use Allow Was Affordable and Supported by Substantial Proof

This put up was authored by Anna Kim, Touro College Jacob D. Fuchsberg Legislation Middle The appellant, Donald, and Judith Brinkley, appealed and argued that the Metropolis of Milford Zoning Board of Adjustment (Board) illegally granted the particular use allow to Okoboji Group Faculty District (OCSD) with out substantial proof. The District Court docket held […]

NY Appellate Court Affirms Decision to Grant Area Variances Due To Lack Of Standing and The ZBA’s Proper Consideration of Facts and Alternatives

This post was authored by Tyler Doan, Esq. Petitioner owns property on one side of a road. Respondent owns roughly 6.8 acres across the road from Petitioner that contains a two-story 97 room hotel. Both properties are located within a Highway Commercial zoning district which exists β€œto encourage a full range of commercial activity along […]

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 β€œ(1) the person, […]

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

click to enlarge 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 […]

NY 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 […]

VT Supreme Court Reverses and Remands Fine Calculation of Over Use of Property as Parking Lot

This post was authored by Gabriella Mickel, JD Candidate 2024, Elisabeth Haub School of Law at Pace University. Defendant-landowner Sisters & Brothers Investment Group, LLP (SBIG) appealed an environmental-division enforcement order that prohibited them from using a property in the City of Burlington as a parking lot, requiring them to address site-improvement deficiencies as per […]