GA Appeals Court Affirms that Board of Commissioners Acted in a Legislative Capacity When Placing Condition on a Rezoning and not in a Quasi-Judicial Capacity

This post was authored by Tyler Doan, Esq.

Cook Communities (Cook) bought roughly 32.6 acres of land in Hall County to build approximately 200 attached townhomes. At the time of purchase, the land was zoned for agricultural housing. Cook sought to have the zoning map changed and the property rezoned as planned residential development. Cook argued that a denial of its request would be “an unconstitutional restriction on the use of the property” and “abolish or damage [its] property rights” without fair and just compensation in violation of both state and federal constitutions. In January of 2022 the local planning

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

Rabbis who caused fatal adult home fire in NY get plea for no jail time

NEW CITY, NY − With more than 100 firefighters and supporters chanting “No plea deal” and denouncing a New York district attorney outside the courthouse, two rabbis pleaded guilty in no jail time to causing a double fatal adult home fire in March 2021.

As part of the deal, Nathaniel Sommer pleaded guilty to two counts of second-degree manslaughter, a felony, and is expected to be sentenced to five years probation. His son, Aaron, pleaded guilty to one count of second-degree reckless endangerment, a misdemeanor, which will carry a sentence of three years probation.

Rockland County Court Judge Kevin Russo

Senators ask attorney general to scrutinize deal as commission claims PGA Tour was ‘left on our own’ to fight PIF

Sens. Elizabeth Warren (D-MA) and Ron Wyden (D-OR) sent a letter Tuesday to Attorney General Merrick Garland and Assistant Attorney General Jonathan Kanter pleading them to further inspect the PGA Tour’s deal with Saudi Arabia’s Public Investment Fund to house commercial operations under a new entity.

In the letter, which was obtained by ESPN, Warren and Wyden wrote the deal would “enable the Saudi government’s efforts to ‘sports wash’ its egregious human rights record” and “raises an array of potential legal and regulatory issues, including relating to the PGA Tour’s non-profit tax status and antitrust law.”

The senators argued the

NY Appellate Court Holds that 30-Day Statute of Limitations Restriction Applies to Waterfront Consistency Review which was also Part of the Site Plan Review

This post was authored by Tyler Doan, Esq.

Respondent submitted a major site plan application to the City of Buffalo Planning Board seeking approval of the construction of four apartment buildings. On November 8, 2021, the Planning Board issued a negative declaration pursuant to the State Environmental Quality Review Act and a waterfront consistency review finding that the project was consistent with the City of Buffalo’s Local Waterfront Revitalization Program. On January 10, 2022, the Planning Board voted to approve the site plan with conditions. On March 6, 2022 Petitioners commenced an Article 78 proceeding seeking to annul the waterfront

Woman, toddler daughter fatally shot, father found dead near river bank

FRANKLIN, NH — A man fatally shot a woman, their 18-month-old daughter, and wounded another child before he was found dead hours later of an apparent suicide on the bank of the Merrimack River, the New Hampshire attorney general’s office said.

The man, Jamie Bell, 42, was seen fleeing a home in Franklin on Saturday afternoon, Assistant Attorney General Adam Woods said during an evening news conference. Neighbors said they had heard gunshots.

Police arrived at the home to find Nicole Hughes, 35, and Ariella Bell, her daughter with Jamie Bell, shot to death, Woods said.

Woods said Hughes and

MI Court of Appeals Reverses Trial Court’s Decision That Property Owners Lacked Standing to Challenge a Township’s Amendment to its Zoning Ordinance.

This post originally appeared on the Dalton Tomich blog and is reposted with permission from Dan Dalton, Esq, – https://daltontomich.com/the-importance-of-zoning-notice-requirements-under-michigan-law/

in Montrief v. Macon Township Board of Trustees, the plaintiffs-landowners filed suit against the Township alleging an amended zoning ordinance was invalid and unenforceable based on a failure to comply with certain notice requirements.

Under the Michigan Zoning Enabling Act, an enforcing authority, which in most cases is the local government, must provide notice with respect to certain actions taken in zoning matters. Generally, among the most common actions requiring notice are the following:

  • Authorities must provide notice for public

Tiger Woods’ attorney says Erica Herman is ‘jilted’ ex-girlfriend’ with meritless claims

An attorney for Tiger Woods filed court documents Monday that said Woods’ ex-girlfriend, Erica Herman, is not a victim of sexual assault or abuse but is instead a “jilted ex-girlfriend” who wants to publicly litigate “special” claims in public court.

The attorney, JB Murray, filed the documents in response to two lawsuits Herman has filed against the famed golfer and the trust he established for his mansion on the Treasure Coast of Florida.

Herman sued the trust after her breakup with Woods in October, claiming more than $30 million in damages and stating she had an oral tenancy agreement with