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Civil Remedies Civil Procedure Zoning, Planning & Land Use

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

Church Entitled to Damages Following Denial of Special Use Permit

The expanding congregation of Christian Assembly Rios de Agua Viva sought a new home for their church in suburban Chicago, Illinois and began a three-and-a-half year search that ultimately led them to a four-acre property...more

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

by Nossaman LLP on

On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann...more

Church’s RLUIPA Claim Against an Illinois City is “Likely to Succeed”

The District Court for the Northern District of Illinois granted a preliminary injunction prohibiting the City of Markham from requiring the Original Bible Church of Illinois to obtain conditional use approval to use property...more

Fair Play in Granting Area Variances on the Tennis Court and in the Judicial Court

by Farrell Fritz, P.C. on

The orientation of a tennis court in a north/south direction is a benefit to competitive players interested in fair tennis play. Even the Appellate Division, Second Department, agrees. To avoid the impact of sun glare, a...more

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

by Nossaman LLP on

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

Appellate Court Notes

by Pullman & Comley, LLC on

AC37979 - Meadowbrook Center, Inc. v. Buchman - Nursing home sued son/guarantor of patient and obtained a judgment for $45,000. The guarantee agreement allowed the nursing home to seek attorney fees. The son appealed...more

Failure To Seek Preliminary Injunctive Relief Supports Motion To Dismiss And Renders Appeal Academic

by Farrell Fritz, P.C. on

On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic” on the grounds that during the pendency of the appeal, the land use development...more

Law Alert: Villasenor v. Evans

Notice of Claim Statute Applies to Elected Official - In this case, the court of appeals confirmed that the notice of claim statute applies to elected officials. Villasenor was a consultant and lobbyist for a developer...more

New Mexico Department of Game and Fish Challenges U.S Fish and Wildlife’s Release of Mexican Wolves

by Nossaman LLP on

Pending before the U.S. Court of Appeals for the Tenth Circuit is the U.S. Fish and Wildlife Service’s (“Service”) appeal from a district court decision enjoining the Service from releasing Mexican wolves into New Mexico...more

Supreme Court Allows Early Challenges to Wetlands Jurisdictional Determinations

by Poyner Spruill LLP on

The U.S. Supreme Court has ruled that a property owner can go to court to challenge a determination by the Army Corps of Engineers (Corps) that part of the property is “waters of the U.S.” or connected wetlands and therefore...more

Quicksands and Cutting Edges of the Law: Do Municipal Utility Customers possess Due Process and Vested Rights to Continued...

Sometimes, I read a court’s opinion and put it aside because it is thought provoking beyond its facts and outcome. The case of United States Cold Storage, Inc. v. Town of Warsaw, __ N.C. App. ___, 784 S.E. 2d 575 (April 5,...more

Landmarking designation is alleged to violate RLUIPA

A brewing dispute in Yonkers, NY has led the Islamic Community Center for Mid Westchester (ICCMW) to allege that Yonkers violated ICCMW’s rights under RLUIPA, and the First and Fourteenth Amendments of the United States...more

Damages for Seller’s Breach of a Real Estate Purchase and Sale Agreement: a Recent Case Example

When a seller breaches a purchase and sale agreement and fails to complete the sale to the buyer, the buyer’s usual remedy is to seek “specific performance” of the agreement — i.e., a court judgment ordering the seller to...more

CEQA Allows Developers to Recover Administrative Record Costs when Reimbursing Agency

by Best Best & Krieger LLP on

Appellate Victory for Developers and Public Agencies - A developer can recover the cost of preparing a California Environmental Quality Act administrative record, even when the lead agency, not the developer, actually...more

Texas Supreme Court Affirms Property Owners' Rights Within the Extraterritorial Jurisdiction

by Jackson Walker on

On May 27, 2016, in Town of Lakewood Village v. Bizios, the Texas Supreme Court held that general law municipalities do not have the authority to enforce building codes within their extraterritorial jurisdictions (ETJs). This...more

Ocean, NJ ordered to allow Yeshiva boarding school

In January of this year, Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) filed a 79-page complaint in federal court against the Township of Ocean, New Jersey, and the Township’s Zoning Board of Adjustment (the “Township)...more

Prevailing RLUIPA Defendant Denied Attorneys’ Fees

This summer, we reported that Genoa Charter Township prevailed in a lawsuit filed by Livingston Christian Schools (LSC), which claimed that the Township violated RLUIPA’s substantial burden provision, the First Amendment to...more

California Court of Appeal Partially Upholds Air Quality Thresholds of Significance Following State Supreme Court Decision

by Latham & Watkins LLP on

In a published decision, following the Supreme Court’s decision in California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369, the First District Court of Appeal upheld...more

A Distinction without a Difference

On April 8, 2016, we posted a blog regarding the case of Quality Built Homes, Inc. v. Town of Carthage, ___N.C. App. ___, 766 S.E. 2d 897 (2015)(unpublished). In this case, the Court of Appeals had held that the Town of...more

Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

by Stoel Rives LLP on

As reported in a previous blog post, Earthjustice, on behalf of the Center for Biological Diversity (“CBD”), filed a lawsuit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) in May 2015. The...more

Virginia Supreme Court Opinions Affecting Local Government Law: April 28, June 23, June 30 and July 22, 2016

by Sands Anderson PC on

The Virginia Supreme Court issued a number of opinions this Spring and Summer in recent terms. Its work resulted in several opinions affecting Virginia local (and state) government law, in the areas of Virginia...more

Defeated North Carolina Class Action Ultimately Results in Victory for Landowners – NCDOT Loses Map Act Fight

by Moore & Van Allen PLLC on

What began several years ago as a defeated attempt at a class action against the North Carolina Department of Transportation (NCDOT) ultimately resulted in a win this month for plaintiff landowners in Kirby v. NCDOT (No....more

Update: California Supreme Court Oral Arguments

by Nossaman LLP on

Today, the California Supreme Court heard oral arguments in the Property Reserve v. Superior Court case. Today was also the day the Court began showing live webcasts of oral arguments online, so I was able to not only hear...more

City of Perris v. Stamper Oral Arguments Are Next Week

by Nossaman LLP on

If you are an eminent domain junkie like us, then you will appreciate knowing that the City of Perris v. Stamper case (S213468) will be heard by the California Supreme Court on May 5, 2016, at 9:00 a.m. in San Francisco. As a...more

Homeowners Cannot Recover for Blocked Views of Hollywood Sign

by Nossaman LLP on

One of the most valuable assets many homeowners enjoy is their property’s view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief? In Boxer v. City of Beverly...more

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