News & Analysis as of

Standing Land Use Restrictions

Dunlap Bennett & Ludwig PLLC

Standing in Zoning Cases

On a small peninsula extending into the Chesapeake Bay, a developer has applied for several variances. It seeks to allow the disturbance of steep slopes, exceed the maximum structure size for its lot, clear-cut old-growth...more

Farrell Fritz, P.C.

No Standing to Protect the Pine Barrens

Farrell Fritz, P.C. on

Before adjudication, a court must determine whether a plaintiff has standing. Standing means that the party has a right to access the courts for a particular dispute. A petitioner bears the burden to show an actual injury and...more

Carlton Fields

Real Property & Financial Services Update: Week Ending August 16, 2019

Carlton Fields on

Real Property Update - Construction / Statute of Repose: the installation of an attic ladder is an improvement to real property; thus, the ten-year statute of repose of section 95.11(3)(c) applies - Harrell v. The Ryland...more

Carlton Fields

Real Property Update: Week Ending February 15, 2019

Carlton Fields on

Real Property Update - Substantive Due Process: land use restriction was executive (not legislative) action, and could not give rise to substantive due process claim since property rights are not a "fundamental right" under...more

Farrell Fritz, P.C.

Tenant Has Standing to Challenge Definition of Family Set Forth in Village Code

Farrell Fritz, P.C. on

On June 28, 2017, the Appellate Division, Second Department, held that a tenant has standing to challenge the definition of “Family” as set forth in the Freeport Village Code....more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending December 2 & 9, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Deficiency/Subject Matter Jurisdiction: approving the 3d DCA’s opinion that an assignee of a foreclosure judgment can maintain a separate action for deficiency under Florida Statutes, Section...more

Miller Starr Regalia

First District Applies CEQA Exhaustion/Standing Rules, Upholds Judgment Rejecting Claim of Statutory Exemption for Controversial...

Miller Starr Regalia on

In a published decision filed September 17, 2015, the First District Court of Appeal affirmed the trial court’s judgment granting a writ of mandate and finding that a proposed land exchange agreement was not statutorily...more

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