News & Analysis as of

Zoning, Planning & Land Use Civil Remedies General Business

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

Court Enjoins Milwaukee Over AR Location-based Game Ordinance

A U.S. District Court Judge issued a preliminary injunction against enforcing a Milwaukee county ordinance requiring a permit before implementing certain AR location-based games. As we previously reported, Candy Lab AR,...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

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

Another Case Addressing a Potential Trap for Real Estate Investors: Dedication of Private Property to the Public

In a prior post, Implied Dedication of Private Property to the Public: the Law is Unsettled, we saw that California courts have struggled with the interpretation of Civil Code section 1009, which generally makes it more...more

Land Use Restrictions under the Spotlight

by Bryan Cave on

On 18 March 2016, the Competition Appeal Tribunal (CAT) published only the second case to be brought under the new fast track procedure before the CAT under the provisions of the Consumer Rights Act 2015. The fast track...more

Legal Ramifications of the Bedbug Renaissance

Recently, several states and municipalities have increased landlords’ responsibility pertaining to prevention, disclosure and treatment of bedbugs in their housing units. As many unfortunately know, controlling a bedbug...more

Real News - Spring 2015

by DLA Piper on

Welcome to Real News! I’m pleased to introduce to you DLA Piper’s quarterly guide to key developments in English and Welsh real estate law. In this quarter’s edition: - Mark Beardwood looks at service charge...more

Pa. Supreme Court Denies Equitable Tolling of Oil and Gas Lease’s Primary Term

by McGuireWoods LLP on

Last week, the Pennsylvania Supreme Court, on certification from the United States Court of Appeals for the Third Circuit, ruled that the primary term of an oil and gas lease would not be equitably tolled during the pendency...more

Court Will Not Halt Horizontal Drilling Operation to Reach Adjacent Lessee’s Land

by Reed Smith on

Using offsite locations for horizontal drilling is becoming increasingly popular as surface use becomes difficult. In Lightning Oil Inc. v. Anadarko Petroleum Corporation, the San Antonio Court of Appeals looked at what can...more

Listen to the Words In the Injunction Battle

by Gray Reed & McGraw on

In Lightning Oil Company v. Anadarko E&P Offshore, LLC, the surface and 1/6 of the minerals of the Chaparral Wildlife Management Area is owned by the Texas Parks and Wildlife Department. 5/6th of the minerals is owned by the...more

HomeAway Files Suit Against San Francisco Seeking to Block Online Vacation Rental Marketplace Ordinance

by Best Best & Krieger LLP on

Online vacation rental marketplace HomeAway Inc. has filed suit against the City and County of San Francisco in an attempt to block a new law restricting home rentals in the City. HomeAway is requesting an injunction to...more

For Convenience Store Chains in Georgia, Leasing Business Operations to Separate Entity Can Maximize Recovery in Condemnations

by Baker Donelson on

In Georgia, when a convenience store chain both owns and operates a location, it should lease business operations to a separate legal entity to maximize recovery in the event of a partial condemnation. In limited...more

Environmental Alert: "Clearly Allocate Risk of Change Interpretations in Transactions"

by Porter Hedges LLP on

When buyers request that sellers warrant compliance with environmental law, sellers need to appreciate that agency interpretation or agency enforcement discretion may have played a role in the seller’s apparent ongoing...more

B.C. Supreme Court Sets Aside B.C. Surface Rights Board Rent Review

by Bennett Jones LLP on

In reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress...more

Pa. Litigation Update

This summer was anything but a sleepy period for decisions from Pennsylvania courts on issues important to the oil and gas industry. Here are summaries of four cases issued in July and August - one from the Third Circuit...more

Appellate Notes: Week of April 18th

by Pullman & Comley, LLC on

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

DISPUTE RESOLUTION: Oil & Gas Litigation: New Decision May Impede Fracking on Federal Land

by King & Spalding on

Recently, a California federal court blocked drilling on certain federal land located in California’s Monterey Shale Formation play. In reaching its decision, the court relied heavily on perceived risks of fracking, holding...more

Settling Water-Based Superfund Liabilities -- A Toxic Brew

In a poignant moment in Godfather III, Al Pacino’s character says: “Just when I thought I was out… they pull me back in”. EPA's recent eye-popping announcement of a $366 million encore settlement by AVX with respect to the...more

What is the measure of damages caused by negligent professional opinion on zoning by an architect?

Architect, negligent on zoning opinion, not liable for cost of making property comply.

by Reuben Ortenberg on

Plaintiff Developer hired defendant architect for advice, among other things, regarding the zoning requirements and restrictions on a certain property in Manhattan. The architect advised that the developer would be permitted...more

Marzulla Law Legal Report - November 2011

by Nancie G. Marzulla on

In This Issue: - No Good Deed Goes Unpunished - Efforts to Settle One Case Lead to Another The U.S. Court of Federal Claims recently found the federal government liable for breach of contract under which, in...more

Inadvertent franchise relationship: What you should watch for

by Snell & Wilmer on

Originally published in the Colorado Real Estate Journal, July 20, 2011 - August 2, 2011. Franchising, a versatile business model, is not limited to fast-food restaurants. Colorado is home not only to familiar...more

Marzulla Law Legal Report - May 25, 2011

by Nancie G. Marzulla on

In This Issue: - Federal Circuit Upholds Reclamation Contract Rights Against Government Demands To Reallocate Water On March 18, 2011, the U.S. Court of Appeals for the Federal Circuit issued a decision with...more

"Pay Under Protest" Procedure For "Other Exactions" Is Not Applicable To All Development Exactions

A California appellate court has ruled that the "pay-or-perform under protest" procedures of Government Code sections 66020 and 66021 do not apply to all types of development exactions. In its opinion, the Sixth Appellate...more

State Law Does Not Preempt Local Regulation of Medical Marijuana Dispensaries

by Allen Matkins on

Local regulation of medical marijuana dispensaries has become an area of increased public concern. On September 22, 2009, the Second Appellate District published City of Claremont v. Kruse (B210084), where it affirmed the...more

Town was named as defendant in foreclosure action based on holding drawn down LOC funds for unfinished subdivision improvements.

Memo of Law on motion to dismiss mortgage foreclosure action as against Town.

by Reuben Ortenberg on

The estate of a deceased principal of a land developer company held a mortgage on lands on which a residential subdivision had been approved, but the public improvements of which had not been completed. The Town drew down the...more

26 Results
|
View per page
Page: of 2
Cybersecurity

Follow Zoning, Planning & Land Use Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.