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Sixth Circuit Court of Appeals Holds Legislative Conditions Are Subject To Nexus-And-Proportionality Requirements
This post was authored by Robert Thomas, Esq. and originally appeared on the InverseCondemnation Blog and is reposted with permission. See, https://www.inversecondemnation.com/inversecondemnation/2023/05/ca6-legislative-conditions-are-subject-to-nexus-and-proportionality-requirements.html The 6th Circuit Court of Appeals in Knight v. Metro. Gov’t of Nashville, No. 21-6179 (May 10, 2023) held that conditions imposed on every development — and not just ad hoc administratively-imposed conditions […]
NY Appellate Court Affirms Dismissal of Challenge to Town Board’s Historic Preservation Determination
This post was authored by Tyler Doan, Esq. Petitioner, the owner of a historic theater, with an adjacent property owner, challenged the Town of Hempstead Town Board’s determination of the Petitioner’s theater as a historic landmark. The Supreme Court denied and dismissed portions of the petition and proceedings which were pursuant to CPLR Article 78. […]
Seventh Circuit: Madison, Wisconsin’s “Advertising Sign” Regulation Passes Constitutional Muster after City of Austin
This post is authored by Andrew LW Peters originally appeared on the Rocky Mountain Sign Law Blog and is reposted with permission The first federal circuit court opinions applying Reagan National Advertising of Austin, Inc. v. The city of Austin is flowing in, and local governments may perhaps breathe a sigh of relief: normalcy has […]
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 […]
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 […]