News & Analysis as of

Preliminary Injunctions Property Owners

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

Farrell Fritz, P.C. on

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

Cadwalader, Wickersham & Taft LLP

Unclogging the Equity of Redemption Without "DRANO": Recent New York State Decision Sheds Light on Mortgage Loans Additionally...

On June 19, 2018, in HH Cincinnati Textile L.P. v. Acres Capital Servicing LLC, the Supreme Court of the State of New York refused to issue a preliminary injunction to prevent the foreclosure sale of the equity interests in...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Mintz - Real Estate, Construction &...

5Pointz and the Visual Artists Rights Act of 1990

A recent article I co-authored and published in the New York Law Journal recaps and highlights the key takeaways in the federal district court’s decision in Cohen v. G&M Realty L.P. (E.D.N.Y, Feb. 18, 2018), relating to the...more

Dorsey & Whitney LLP

Graffiti Artists “Tag” Developer in Court: Graffiti Art Protected Under Visual Artists Rights Act in Advisory Verdict

Dorsey & Whitney LLP on

Earlier this month, in Cohen et al v. G&M Realty LP et al., a jury impaneled in the U.S. District Court for the Eastern District of New York found that a developer violated the Visual Artists Rights Act of 1990 (“VARA”) when...more

Clark Hill PLC

Clark Hill Obtains Preliminary Injunction Against Royal Oak

Clark Hill PLC on

My colleague Kenneth Lane and I have been retained by a significant group of homeowners in Royal Oak. The City sent letters demanding that the property owners either install or pay for the City to install sidewalks in front...more

Jackson Walker

Texas Supreme Court Affirms Property Owners' Rights Within the Extraterritorial Jurisdiction

Jackson Walker on

On May 27, 2016, in Town of Lakewood Village v. Bizios, the Texas Supreme Court held that general law municipalities do not have the authority to enforce building codes within their extraterritorial jurisdictions (ETJs). This...more

Littler

New York City Expands Law Governing Displaced Building Service Workers

Littler on

Mayor Bill de Blasio recently signed a bill amending the New York City Displaced Building Service Workers Protection Act (“the Displaced Workers Act” or “the Act”), first enacted by the City Council in 2002. As originally...more

Womble Bond Dickinson

N.C. Court Reminds Litigants of Need to Preserve "Status Quo" When Appealing Denial of Preliminary Injunction

Womble Bond Dickinson on

Today, we're looking at Shoeheel Farms v. City of Laurinburg, COA14-1089 (August 4, 2015). The Court of Appeals dismissed as moot property owners' appeal of a trial court's decision denying a temporary restraining order and...more

BakerHostetler

Illinois Drilling Rules Dodge First Blow in Latest Lawsuit

BakerHostetler on

Illinois’ fledgling hydraulic fracturing industry avoided another delay last week. The rules, which adopt a regulatory framework to facilitate and regulate unconventional drilling, were finally published after over a year in...more

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