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Building Permits Appeals Construction Project

Pierce Atwood LLP

More good news for housing production: Mass. Appeals Court rules legislative permit extensions stack on top of equitable tolling

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Last week, in an important decision for land-use and development lawyers, the Massachusetts Appeals Court ruled in Palmer Renewable Energy, LLC v. Zoning Bd. of Appeals of Springfield that permit extensions granted by the...more

Goulston & Storrs PC

Developers Beware: Difficult Multi-Step Process for Obtaining and Cashing In On Appeal Bonds

Goulston & Storrs PC on

Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024). The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how...more

Sullivan & Worcester

Zoning and Development Newsletter - January 2024

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Welcome to the Third Issue of Sullivan’s Zoning and Development Newsletter- This newsletter is a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide...more

Pierce Atwood LLP

In Rare Move, SJC Enters Immediate Order Reversing Decision That Broadened Density-Based Standing in Zoning Appeals

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In what passes for high drama in the world of Massachusetts land use law, the Supreme Judicial Court (SJC), after hearing oral argument last Thursday in an important case involving standing in zoning appeals, entered an order...more

Nossaman LLP

When Does the California Coastal Act Bar a Takings Challenge?

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In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the...more

Farrell Fritz, P.C.

Doctrine of Laches Bars Neighbor’s Challenge to Development

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A recent Second Department decision applying the doctrine of laches highlights the importance of taking prompt action against a property owner who may be acting in violation of a zoning or building code....more

Farrell Fritz, P.C.

The Effect or Interpretation of an Ordinance at the Time of Review Applies, Despite Long-Standing Historical Views

Farrell Fritz, P.C. on

In The Committee for Environmentally Sound Development v. Amsterdam Avenue Development Associates, LLC, 2019 WL 1206357, 2019 N.Y. Slip Op. 30621(U), Index No. 153819 (Sup. Ct. New York Co., March 14, 2019)...more

Pierce Atwood LLP

Late-Filed Appeal To Zoning Board Is A Nullity, Not A Springboard To Constructive Approval

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The Massachusetts Appeals Court’s recent decision in McIntyre v. Zoning Board of Appeals of Braintree demonstrates the importance of subject matter jurisdiction in the context of administrative proceedings. ...more

Farrell Fritz, P.C.

Second Department Reverses Mandamus Requiring Building Inspector to Issue a Permit to Construct a Dock

Farrell Fritz, P.C. on

On October 17, 2018, the Supreme Court, Appellate Division, Second Department (“Second Department”) issued two (2) companion decisions arising out of three different attempts by Petitioners, Kleinknechts (“Petitioners”) to...more

Farrell Fritz, P.C.

Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level

Farrell Fritz, P.C. on

The Breakers Motel has been a fixture in Montauk since the 1950’s. Situate at 769 Old Montauk Highway, Montauk New York, the motel has 26 units, a pool and restaurant and is located across the street from the ocean....more

Holland & Knight LLP

Court Upholds San Francisco's CEQA Exemption for Telegraph Hill Project

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In Protect Telegraph Hill v. City and County of San Francisco (Sept. 14, 2017 Slip Opinion A148544, unpublished), the First District Court of Appeal upheld the City of San Francisco's determination that rehabilitation of a...more

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