Attorney

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

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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 […]

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

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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, […]

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

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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 […]

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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

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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 […]

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

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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 […]