Zoning, Planning & Land Use › Construction Law › Civil Remedies

Light at the End of the Tunnel - Consultation on Reform of Rights to Light in England and Wales

The private right to light is an arcane area of law and which many developers would agree is long overdue for reform. Development schemes can be thwarted by private landowners even after the proposal has passed through the...more

The Supreme Court Weighs in on the Balance of Private Interests Versus the Public Good in Nuisance

On March 7, 2013, the Supreme Court of Canada released its decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13. In Antrim, the Ontario government built a new highway which effectively put a truck...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

Changes to North Carolina Mechanics Lien Laws

In July, Governor Perdue signed two bills into law which make substantial changes to the state’s mechanics lien and bond laws. With respect to private projects, the most significant changes relate to the creation of “Lien...more

Superior Court Strikes Down Numeric Effluent Limits in California's Construction General Permit

On December 2, 2011, the Sacramento Superior Court invalidated the numeric limits on turbidity and pH in California's Construction General Permit (CGP) because the limits were not supported by substantial evidence. The State...more

The Annual Round With Utah's Mechanics' Lien Laws

Death and taxes aren't the only sure things in this life. Another event you can take to the bank is the annual tweaking and twisting of Utah's mechanics' lien laws in the legislature. It is always a dynamic process to watch,...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

The Year 2010 In Review: Public Works Projects

This article is the fifth in a series summarizing construction law developments for 2010. In This article: A. Bidding 1. Great West Contractors Inc. v. Irvine School District, 187 Cal. App. 4th 1425 (4th Dist. Aug....more

Housing Alert: Massachusetts’ Highest Court Instructs Town Boards of Appeals Not to Invade the Province of State Subsidizing...

After several years of debate, disagreement, and litigation between developers of subsidized housing and local zoning boards of appeals (ZBAs) concerning the question of the breadth of those boards’ authority over...more

RESPA Changes Effective January 1

Effective January 1, 2010, there are material changes to the Real Estate Settlement Procedures Act (“RESPA”). The United States Department of Housing and Urban Development (“HUD”) has amended Regulation X, relating primarily...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

Webb Tract, LLC v. United States of America

Plaintiff's memorandum of law in support of it's motion for summary judgment

A case arising from the NIKE missile system that once circled the nation, but was dismantled in the 1960's. Here, the USA had dismantled the missile silos, but sought to enforce the donut shaped "safety easement" around the...more