Variances

News & Analysis as of

Massachusetts Environmental and Land Use Alert

Boston Colleges Take Brownfields Tax Credit Fight to Court - Three Boston-area colleges sued the Massachusetts Department of Revenue in August claiming that “clarifying” changes made to the Massachusetts Brownfields Tax...more

Appellate Court Notes - Week ending March 24

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

A technical variance in a "998 offer" can preclude an award of costs

In Rouland v. Pacific Specialty Insurance Co. the California Court of Appeal for the Fourth Appellate District decided an interesting case under California’s cost shifting provision, Code of Civil Procedure Section 998....more

Hey Wait, What About Our Fancy New Quasi-Judicial Statute?

In 2009, the North Carolina General Assembly adopted Senate Bill 44, an act that codified the case law regarding quasi-judicial land use proceedings, including the proper standards and procedures for judicial review. See N.C....more

High School’s Decision To Bypass Municipal Zoning Process For Stadium Bleachers Ruled Unlawful

In Gurba v. Community H.S. Dist. 155, a McHenry County Circuit court judge ruled that a local high school district violated the law when it refused to subject itself to the local zoning process of its host municipality....more

Construction & Land Use Newsletter - December 2013

In This Issue: - Five Major Terms Construction Contractors Need to Worry About - Handshakes to Hashtags: The Evolution of Deal-Making in the Construction Industry - Searching for the Escape Hatch: The...more

Searching for the Escape Hatch: The Variance

Although it is a familiar term in the zoning lexicon, the variance is one of the least understood devices in the zoning toolbox. Known to dirt lawyers as the “escape hatch,” the variance gives relief to property owners from...more

Standard for a BZA to Grant a Variance Little Different Than Expressed In Cochran: Martin v. City of Alexandria

When the Virginia Supreme Court issued the opinion in Martin v. City of Alexandria on June 7, 2013, it gave some guidance of the current state of the legal standard for a Board of Zoning Appeals to grant a variance. This...more

Supreme Court Clarifies The Standard To Be Applied When Evaluating The Negative Criteria For A Conditional Use Variance...

In a recent decision entitled TSI East Brunswick, LLC v. Zoning Bd. of Adjustment of Twp. of East Brunswick, the Supreme Court held that the enhanced quality of proofs standard established in Medici v. BPR Co., 107 N.J. 1...more

Public Employees Ruled Immune From Liability When Acting In Legislative Or Discretionary Capacity, Even If Fraud, Corruption, Or...

After landowners spent three years securing planning commission approval for a proposed senior living facility project, the city council rejected the project in the face of community opposition. The landowners sued, alleging...more

NJ Supreme Court Settles Proof Debate For Conditional Use Variances

The New Jersey Supreme Court has finally settled the question concerning the burden of proof for an applicant to obtain approval of a conditional use variance....more

New Jersey Supreme Court Clarifies Site Suitability Criteria for Use Variance

It is fundamental that all applicants seeking to obtain a use variance from a municipal zoning board of adjustment under the Municipal Land Use Law (“MLUL”) must prove that they satisfy both the so-called “positive” and...more

Virginia Supreme Court Opinions Affecting Local Government Law - June 7, 2013

The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website)...more

Spotlight on Variances

In New Jersey, as in many states throughout the country, the manner in which a person, business or institution uses its property is regulated by both state and local laws. The primary statute that regulates land use in New...more

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