News & Analysis as of

Gas Stations Appeals

Mitchell, Williams, Selig, Gates & Woodyard,...

Former Gasoline Service Station Property/Tax Sales Certificates of Purpose: New Jersey Appellate Court Purchaser's Request to...

The Superior Court of New Jersey – Appellate Division (“Court”) described in a September 8th Opinion issues arising out of the purchase of tax sales certificates associated with a former gasoline service station. See...more

Perkins Coie

Court Upholds Infill Development Categorical Exemption for Gas Station in Existing Shopping Center

Perkins Coie on

In Protect Tustin Ranch v. City of Tustin, 70 Cal. App. 5th 951 (2021), the court of appeal upheld a city’s reliance on the infill development categorical exemption under CEQA for a new gas station in an existing shopping...more

CDF Labor Law LLP

California Court of Appeal Broadens Test For Joint Employer Liability

CDF Labor Law LLP on

On September 10, 2021, the California Court of Appeal broadened the test for joint employment in California, lowering the bar for what constitutes sufficient control by business over its vendor’s employees’ wages and working...more

Downey Brand LLP

Third Appellate District Voids City Council Vote Based on Legislative Member’s Bias

Downey Brand LLP on

On May 8, 2020, the Third Appellate District, certified for publication its earlier decision in Petrovich Development Co. LLC v. City of Sacramento (C087283), where the Court, in a rare decision, voided a city council’s...more

Perkins Coie

Project Denial Invalidated Where Councilmember’s Actions Crossed the Line Into Advocacy Against the Project

Perkins Coie on

The Court of Appeal held that where a city councilmember’s actions evinced bias toward the project, the applicant did not receive a fair hearing and the City Council’s denial of a conditional use permit would be set aside....more

Farrell Fritz, P.C.

Court Upholds Zoning Board’s Denial of Gas Station’s Area Variance Application

Farrell Fritz, P.C. on

In Matter of Magid Setauket Assoc., LLC v The Town of Brookhaven Bd. of Zoning Appeals, the petitioners were the owner and the operator (“Petitioners”) of a Shell gas station located in the Old Setauket Historic District (the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Motor Fuel Supply Agreement: Illinois Appellate Court Addresses Distributor's Request for Injunctive Relief Related to Alleged...

The Appellate Court of Illinois (Third District) (“Court”) addressed in an October 29th Opinion issues related to an alleged breach by a retailer of a Motor Fuel Sale Petroleum Supply Agreement (“Agreement”). See Gas Depot...more

Farrell Fritz, P.C.

Remediation of Petroleum Spills Amount to Continuation of Nonconforming Use

Farrell Fritz, P.C. on

In Matter of HV Donuts, LLC v. Town of LaGrange Zoning Board of Appeals, the Second Department recently held that a property owner’s nonconforming use rights continue despite a temporary business interruption caused by a fuel...more

Payne & Fears

Key California Employment Law Cases: May 2018

Payne & Fears on

This month’s key California employment law cases are two decisions from the California Court of Appeal. Curry v. Equilon Enters., LLC, 22 Cal. App. 5th 772 (2018) - Summary: Employees of entities who leased and...more

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