News & Analysis as of

Municipalities Declaratory Judgments

Farrell Fritz, P.C.

Standing And The Open Meetings Law

Farrell Fritz, P.C. on

A popular topic on this blog is standing in the context of a challenge to a municipal determination, primarily under the State Environmental Quality Review Act.   A recent case issued by the Appellate Division, Second...more

Farrell Fritz, P.C.

Andros Patent Studied in Dispute Over Oyster Bay Boundary: This Clam Is Your Clam, This Clam Is My Clam

Farrell Fritz, P.C. on

Here’s one for the history buffs! A quiet feud between the State of New York and the Town of Oyster Bay over the Town’s underwater boundary has been resolved (for now) in Murphy v. Town of Oyster Bay, — N.Y.S.3d —-, 2019 WL...more

Farrell Fritz, P.C.

Appellate Division Rules Town of Clarkson Code Provision Restricting Building Permits until Subdivision Infrastructure is Built,...

Farrell Fritz, P.C. on

New York State Town Law § 277(9) authorizes a town Planning Board, to require a developer to provide a performance bond or other security covering the cost of installation of subdivision infrastructure and improvements in...more

Butler Snow LLP

Municipal Liability Cap and Insurance

Butler Snow LLP on

Although attempts have been made to expand the meaning of “legally entitled to recover” when the municipal statutory damages cap is involved, plaintiffs have not been successful in recovering beyond the statutory cap in...more

Brownstein Hyatt Farber Schreck

District Court Invalidates Wheat Ridge Anti-TIF Initiative

On September 8, 2017, a Jefferson County District Court ("Court") essentially struck down Ballot Question 300 (“BQ300”), approved by the Wheat Ridge ("the City") voters on November 3, 2015. The ballot question was an...more

Pullman & Comley, LLC

Property Tax & Valuation Topics: Summer 2017

Pullman & Comley, LLC on

Declaratory Judgment Not the Correct Remedy - Danping Li sued the Town of Woodbury with regard to the assessments of three properties she owned in that community. One of the counts of her complaint seeking a declaratory...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

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