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Adjacent Property Owners Urban Planning & Development

Farrell Fritz, P.C.

No Standing to Protect the Pine Barrens

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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

Farrell Fritz, P.C.

Single and Separate and the Doctrine of Merger

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Generally, many property owners assume that where a lot is held in single and separate ownership they are entitled to an area variance “as of right.”  That is not entirely true.  An exception to the single and separate...more

Farrell Fritz, P.C.

Reversal of Zoning Board’s Denial of Variance Application Upheld on Appeal

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In Matter of O’Connor and Son’s Home Improvement, LLC v. Acevedo, et al., the petitioner, O’Connor and Son’s Home Improvement, LLC (“Petitioner”), owns a 120-foot by 57-foot parcel of property (the “Property”) located in the...more

Farrell Fritz, P.C.

Appellate Division Upholds ZBA Determination Transferred from Supreme Court Pursuant to CPLR §7804(g)

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In 2017, 8 Bayberry Rd, LLC submitted an application to the Zoning Board of Appeals of the Village of Bellport (“ZBA”) seeking several variances to convert an existing three-car garage into a squash court and work out area...more

Nossaman LLP

Who Has The Right To Develop A Pier?

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If you know someone with property that borders, is adjacent to, or abuts a natural lake, pond, bay, sea, or ocean, they may have littoral property rights. What that means is they may have the right to build a pier out to the...more

Farrell Fritz, P.C.

Supreme Court Upholds Village of Southampton Zoning Board of Appeals Determination

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Applicants sought to subdivide two lots located at 550 Hill Street and 554 Hill Street in the Village of Southampton into three residential lots with a 25 foot wide access easement along the southerly side of an adjoining...more

Nossaman LLP

Government’s Enforcement of Development Plan Conditions is Not a Taking

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When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - August 2020, Volume I, Issue II

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Trending Now: Massachusetts SJC Ruling: Good News for Owners and Developers - The Supreme Judicial Court of Massachusetts issued a written decision in Murchison v. Zoning Board of Appeals of Sherborn, et al. (SJC-12867) on...more

Farrell Fritz, P.C.

Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265

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When landowners oppose a project that involves the rezoning of a neighboring property, they almost always have the opportunity to air their grievances through a public hearing process. If the rezoning is approved over their...more

Pierce Atwood LLP

Maine Land Use Planning Commission to Discuss Revisions to Its Adjacency Principle

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Staff of the Maine Land Use Planning Commission (LUPC or Commission) will introduce for discussion at the February 14, 2018 Commission meeting proposed revisions to the Commission’s application of the adjacency principle,...more

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