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Municipalities Dismissals

Farrell Fritz, P.C.

Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds

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A recent Second Department decision, Matter of Village of Kiryas Joel v County of Orange, et al., addresses the intriguing justiciability doctrine of ripeness, as applied to judicial review of municipal administrative action....more

Farrell Fritz, P.C.

Second Department Affirms Dismissal of Article 78 Proceeding for Lack of Standing

Farrell Fritz, P.C. on

The City of New Rochelle adopted an ordinance in 2017, amending the zoning code to apply a senior citizen overlay district to certain real property comprised of approximately 3.4 acres at 121 Mill Road in New Rochelle.  The...more

Franczek P.C.

Court Decision Reminds School Boards of the Importance of “Sunshine” in Guaranteed Energy Savings and Other Construction Contracts...

Franczek P.C. on

In a recent Illinois Appellate Court decision, a taxpayer unsuccessfully challenged a school district’s guaranteed energy savings contract. School Board members should be aware of this decision because the favorable outcome...more

Farrell Fritz, P.C.

Lack of Standing Prevents a Challenge to a Local Law that Requires Massage Therapists to be Licensed by the Municipality

Farrell Fritz, P.C. on

The Appellate Division recently issued a decision that explained why a massage therapist and the American Massage Therapy Association, (AMTA), a professional organization of massage therapists, lacked standing to challenge a...more

Harris Beach PLLC

Appeal Court: City’s Funding of Neighboring Property Restoration Did Not 'Condemn' Restaurant

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In an August 2019 decision, the Fourth Department of the Appellate Division of the Supreme Court of the State of New York ruled that property owners cannot assert a lawsuit alleging inverse condemnation and other damages...more

Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

Farrell Fritz, P.C. on

Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

Farrell Fritz, P.C.

Court Upholds East Hampton Town ZBA Determination Denying Application for a Natural Resources Special Permit

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In the Matter of Strandkorb, LLC v. Zoning Board of Appeals of the Town of East Hampton, dated February 11, 2019, the Supreme Court, Suffolk County, upheld the Town of East Hampton Zoning Board of Appeals determination which...more

Bricker Graydon LLP

Court dismisses class action against Cleveland Public Power

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The Cuyahoga County Court of Common Pleas dismissed a class action lawsuit against Cleveland Public Power (CPP), holding that certain utility charges totaling more than $188 million were not unlawful....more

Perkins Coie

City Approval of Agreement for Tree Removal Triggered 90-Day Statute of Limitations Under Planning and Zoning Law

Perkins Coie on

Broadly construing Government Code § 65009, which establishes a 90-day limitations period for claims under the Planning and Zoning Law, an appellate court held that approval of an agreement allowing removal of trees...more

Downey Brand LLP

Court of Appeal Allows CEQA Challenge to PG&E Tree Removal Project to Proceed, But Finds Claims under Planning & Zoning Law...

Downey Brand LLP on

On October 23, the First Appellate District issued its opinion in Save Lafayette Trees v. City of Lafayette et al. (Case No. A154168) finding that Save Lafayette Trees’ (“Save Lafayette”) CEQA challenge to a Pacific Gas and...more

Robinson+Cole Manufacturing Law Blog

Climate Change Nuisance Lawsuit Dismissed

This week, a California federal court dismissed a lawsuit brought by two cities against a number of large oil companies seeking to force the companies to fund the cities’ climate change adaptation efforts. The Court held...more

Pullman & Comley, LLC

Appellate Court Notes

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SC20088 - Arciniega v. Feliciano - One slate of petitioning candidates for a town committee election sued to have several signatures on the competing slate declared invalid. The competing slate intervened and filed a...more

Goulston & Storrs PC

Real Litigation - Maroney, et al. v. Fiorentini, et al.

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In Maroney, et al. v. Fiorentini, et al., U.S. Dist. Ct., No. 1:16-cv-11575-DLC (D. Mass. Dec., 2017), Magistrate Judge Cabell in the United States District Court of Massachusetts partially denied a motion brought by...more

Womble Bond Dickinson

N.C. Court of Appeals Dismisses Municipal Takings Claim For Failing "Public Benefit" Standard

Womble Bond Dickinson on

Today, the N.C. Court of Appeals affirmed the dismissal of a takings case filed by a local government. The case is Town of Matthews v. Wright, No. COA14-943 (April 21, 2015)....more

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