Zoning, Planning & Land Use › Commercial Law & Contracts › Civil Remedies

Court Upholds Zoning Ordinance That Restricts Location Of Medical Marijuana Collectives And Cooperatives

An owner of a medical marijuana collective challenged a county zoning ordinance that restricts the location of medical marijuana collectives and cooperatives to commercial and manufacturing zones. The court of appeals...more

Appellate Notes: Week of April 18th

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

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

Real Estate Tip – Permitting: A $48m Lesson on the Importance of Notifying All Neighbors

In a recent Missouri case, a landlord lost a very significant commercial tenant and a title search company lost $48 million because of an incomplete permitting process. The tenant sued the title search company for failing to...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

In New York State, Allegations of Loss are Not Enough

A decision last year from the Commercial Division of the New York State Supreme Court, Erie County, provides two helpful reminders to commercial litigants. First, at least in New York, the plaintiff’s damages must have been...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.

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

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

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

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

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

Developer Wins in Row Over Atlantic City Retail Project by Gina Passarella

A federal jury in New Jersey awarded the developer of The Walk in Atlantic City $7.6 million after it found the architect on the project breached a contract by providing allegedly faulty designs that delayed the project's...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.

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

Stay Out Of This Domain: Court of Appeal Rejects Insured's Suit Against Insurer For Failure To Defend Condemnation Action Charging...

Public agencies throughout the State are permitted to deduct environmental clean-up costs from their determination of the just compensation offered to private property owners whose properties are being acquired through...more