In Plum Borough v. Zoning Hearing Board of the Borough of Plum,____ A.3d ____ , No. 1198 CD 2022 (Pa. Commw. Ct. Jan. 29, 2024), the Pennsylvania Commonwealth Court vacated the grant of a special exception to Penneco...more
NONCONFORMING USE CLAIMS "ROCKED OUT" BY APPEALS COURT - Butler v. Zoning Bd. of Appeals of Mattapoisett, 22-P-463 (Mass. App. Ct. Apr. 19, 2023) - In Butler, Maureen and George Butler (the “Butlers”) asked the...more
19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more
Massachusetts AG Maura Healey reached a settlement with fuel delivery company Diesel Direct, LLC and related individuals (collectively “Diesel Direct”) to resolve allegations that it delivered nonconforming diesel fuel...more
Although “faulty” doesn’t necessarily mean “defective” or “dangerous,” product liability law does indeed hold manufacturers and others liable for producing dangerous products that cause injury. Product liability claims in...more
The Federal Circuit’s recent decision in Boeing Co. v. Secretary of Air Force, 983 F.3d 1321 (Fed. Cir. 2020), provides some useful clarity on the contents of the restrictive markings and legends that contractors affix to the...more
The Hedges Inn (Hedges Inn) is a pre-existing, nonconforming, historic inn with 14 rooms and a restaurant at 74 James Lane in the Village of East Hampton (Village) in the R160 Residence District. In February 2018, Hedges Inn...more
In a recent decision, Matter of Labate v DeChance, the Second Department held that a landowner could continue to use his property to store construction equipment, despite a zoning ordinance prohibiting that type of use....more
A key goal of Alberta's Recovery Plan is to create jobs and drive Alberta's economy forward. In this regard, the Government of Alberta has implemented several measures in an effort to reduce the red tape associated with...more
On September 21, 2020, the Supreme Court, Nassau County in Town of Oyster Bay v. 120 Westend LLC, Supreme Court, Suffolk County, Index No. 608065/2020 granted a preliminary injunction to the Town of Oyster Bay (“Town”)...more
Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more
Last February, in Dreyer v Stachecki, 2020 NY Slip Op 50134(U), the Suffolk County Supreme Court denied an unopposed motion for pre-action discovery. CPLR Section 3102(c) authorizes disclosure – prior to commencement – to aid...more
In perhaps a sign of the linguistic times, Appeals Court Justice James R. Milkey’s opinion in the case of Comstock v. Zoning Board of Appeals of Gloucester received more media coverage for certain racial history commentary...more
In a recent decision, Matter of Red Wing Properties, Inc. v. Town of Rhinebeck, et al., the Second Department held that a landowner’s intent to continue using its property for mining operations established a valid...more
When determining whether a use is legally nonconforming for zoning purposes, the key consideration is whether the use was legal prior to the zoning restriction prohibiting it. A use cannot become legally nonconforming if it...more
BANG! Yaphank, New York. In November 2019, after years of protracted ligation, Hunter Sports Shooting Grounds, Inc., (“HSSG”) the operator of the Suffolk County Skeet, Trap & Sporting Clays Range (“Range”), was dealt another...more
On December 5, 2019, the Village of Westbury Board of Trustees adopted legislation creating the Maple Union Transit-Oriented Development District (or “Maple Union TOD”)....more
Federal contractors already subject to a myriad of reporting requirements should be prepared for yet another. Effective December 23, 2019, a new Federal Acquisition Regulation (“FAR”) provision entitled “Reporting of...more
The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more
Legal pre-existing nonconforming uses (aka grandfathered uses) have a tenuous existence in New York. Although protected by vested property rights in the Constitution, many local zoning ordinances seek to eliminate these...more
A municipality’s approval of a permit amendment allowing a quarry to import asphalt for recycling improperly expanded the quarry’s nonconforming use, the First District Court of Appeal ruled in Point San Pedro Road Coalition...more
Effective July 14, 2019, the State of New York greatly expanded tenant protections with a large package of bills covering topics ranging from rent control to eviction restrictions to rent-to-own contracts for manufactured...more
Upgrading a pre-existing nonconforming use in New Jersey involves myriad issues, and resolving them is a bit like navigating between Scylla and Charybdis. Originally published in New Jersey Law Journal....more
The 2019 Iowa legislative session came to a close on April 27, 2019, resulting in a handful of new laws directly affecting Iowa residential landlords. Below is a summary of those new laws, along with commentary on a few...more
On April 23, 2019, the Governor signed HF701 into law, which expressly mandates the continuance of lawful preexisting nonconforming uses as it relates to the replacement of manufactured, modular, and mobile homes under...more