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Municipalities Article III

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - July 2021, Volume I, Issue VIII

Goulston & Storrs PC on

CASES OF NOTE - WHEN IT COMES TO SHORT-TERM RENTALS, PROPERTY OWNERS BEWARE - Styller v. Zoning Bd. of Appeals of Lynnfield, 487 Mass. 588 (2021) In Styller v. Zoning Board of Appeals of Lynnfield, the...more

Farrell Fritz, P.C.

Second Department Affirms Dismissal of Article 78 Proceeding for Lack of Standing

Farrell Fritz, P.C. on

The City of New Rochelle adopted an ordinance in 2017, amending the zoning code to apply a senior citizen overlay district to certain real property comprised of approximately 3.4 acres at 121 Mill Road in New Rochelle.  The...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

Farrell Fritz, P.C. on

Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Farrell Fritz, P.C.

Lack of Standing Prevents a Challenge to a Local Law that Requires Massage Therapists to be Licensed by the Municipality

Farrell Fritz, P.C. on

The Appellate Division recently issued a decision that explained why a massage therapist and the American Massage Therapy Association, (AMTA), a professional organization of massage therapists, lacked standing to challenge a...more

Pierce Atwood LLP

Mass. Appeals Court Upholds Somerville’s Union Square Revitalization Plan

Pierce Atwood LLP on

In 2012, the City of Somerville, the Somerville Redevelopment Authority (SRA), and the Massachusetts Department of Housing and Community Development approved the Union Square Revitalization Plan (the Plan), an urban renewal...more

Farrell Fritz, P.C.

Lack Of Standing, Once Again, Dooms A Challenge To Municipal Action

Farrell Fritz, P.C. on

A recent case from the Appellate Division, Second Department, addresses one of our favorite topics, standing. It is a cautionary tale about how not to establish standing....more

Farrell Fritz, P.C.

City of Rye Lacks Standing to Challenge a Westchester County Board of Legislators Decision

Farrell Fritz, P.C. on

Over the past several years, this blog has presented several posts on the topic of standing. It is a frequent topic because it is often raised as a threshold issue in zoning and land use cases....more

Farrell Fritz, P.C.

Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions

Farrell Fritz, P.C. on

In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York, Inc. (“REBNY”) commenced a hybrid article 78 proceeding and plenary action against the City of New York (“City”)...more

Beveridge & Diamond PC

Superior Court Decision Raises the Bar For Municipalities Seeking to Challenge Special Permits And Other Zoning Actions Taken By...

Beveridge & Diamond PC on

The Massachusetts Superior Court has ruled that a municipality lacks standing to challenge a special permit issued by a neighboring town when the alleged harm is “too speculative and remote to qualify them as ‘aggrieved...more

Best Best & Krieger LLP

Non-Property Owners in Cities and Counties May Now Sue for Wasteful Government Spending - California Supreme Court Decision Widens...

Residents need not pay property taxes in their city or county to have standing to sue the entity for wasteful or illegal expenditures, the California Supreme Court said recently in an opinion that overturned lower court...more

Best Best & Krieger LLP

Cities Can Sue Banks for Predatory Lending, U.S. Supreme Court Says

While the nationwide economy has steadily improved since the recession, many cities are still clawing their way back to financial stability. California, in particular, was hit hard by the foreclosure crisis, leaving cities in...more

Best Best & Krieger LLP

U.S. Supreme Court Sides with Cities, Allowing Lawsuits Against Banks for Fair Housing Act Violations - Bank of America v. City of...

The U.S. Supreme Court has given the City of Miami the go-ahead to sue banks under the Fair Housing Act for alleged racially discriminatory lending practices that resulted in increased foreclosures and fiscal harm to the...more

Dorsey & Whitney LLP

Banks Appeal Fair Housing Act Case to Supreme Court

Dorsey & Whitney LLP on

In September 2015, the Eleventh Circuit ruled that the City of Miami had sufficient standing to sue Bank of America and Wells Fargo over lending practices that were alleged to be racially discriminatory. On June 28, 2016,...more

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