News & Analysis as of

Municipalities Sewer Systems

Bennett Jones LLP

Builder Beware: Ontario Court of Appeal Allows Multiple Municipality Infrastructure Charges

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On October 31, 2022, in the case of Stelmach Project Management Ltd. v. City of Kingston, the Ontario Court of Appeal held that the City of Kingston may rely on the Municipal Act to enact by-laws imposing fees based on the...more

Pullman & Comley, LLC

Speaker at Zoning Commission Hearing Enjoys Same Free Speech Protections as if at Trial Before a Court

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In Priore v. Haig, AC 41748, the Appellate Court concluded that statements made by one of the plaintiff’s neighbors during a zoning commission hearing on the plaintiff’s application for a special permit to install a sewer...more

Womble Bond Dickinson

Supreme Court Construes Local Law to Allow “Availability” Fees to be Charged Against Developed Property and Undeveloped Property

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Infrastructure fees are a common battleground between landowners/developers and local governments. The Supreme Court decided a case this week that counts as a “win” for the local governments, reversing a Court of Appeals...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

Farrell Fritz, P.C. on

Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

White and Williams LLP

California Clarifies Its Inverse Condemnation Standard

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In City of Oroville v. Superior Court, 446 P.3d 304 (Cal. 2019), the Supreme Court of California considered whether the City of Oroville (City) was liable to a dental practice for inverse condemnation damages associated with...more

Nossaman LLP

California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine

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On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more

Nossaman LLP

California Supreme Court Hears First Inverse Condemnation Case in Years

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On June 5, 2019, the California Supreme Court (“Court”) heard oral argument in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Oroville Case”). This case is notable because it is the first time...more

Pullman & Comley, LLC

2019 Connecticut Environmental Legislative Update No. 11

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Welcome to our Environmental Legislative Updates. Throughout Connecticut’s legislative session, these updates highlight developments concerning environmental law and policy. The author prepares updates as Legislative...more

Foley Hoag LLP - Environmental Law

EPA Delays Compliance with Massachusetts MS4 Permit

On July 13, 2017, EPA extended the compliance deadline for its General Permit for Small Municipal Separate Storm Sewer Systems for one year, until July 1, 2018. The move almost certainly prompted a collective sigh of relief...more

Robinson+Cole RLUIPA Defense

Sewer Connection Must Be By The Least Restrictive Means

Barbara L. Yoder and Joseph I. Yoder (“Owners”) own a home in Sugar Grove Township, Pennsylvania (“Township”), which has a mandatory sewer connection ordinance (the “Ordinance”), requiring connection to the Sugar Grove Area...more

Holland & Knight LLP

Court of Appeals Upholds Maryland's Flexible Approach To Stormwater Permitting - Ruling Paves the Way for Counties to Seek...

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The Maryland Court of Appeals has issued an important decision broadly upholding county stormwater permits issued by the Maryland Department of the Environment (MDE). The court's unanimous decision, authored by Judge Sally...more

McNees Wallace & Nurick LLC

Exemption for Construction of Water and Sewer Lines

The PA Department of Revenue has renewed a ruling that a contractor may claim exemption for certain items installed in the construction of water and sanitary sewer lines for a private developer where the sewer lines will be...more

McNees Wallace & Nurick LLC

Regional Stormwater Systems: How Should They Be Structured and Financed?

In the world of water and sewage, there are three general types of systems: A "water system" is for drinking water. Raw water is taken from a collection point (for example, a river, a lake or an underground aquifer)...more

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