News & Analysis as of

Municipalities Special Use Permit

Bowditch & Dewey

Massachusetts’ New Economic Relief Bill – What Enabling Partnerships for Growth Means for Local Zoning

Bowditch & Dewey on

On January 14, 2021, Governor Baker signed the Act Enabling Partnerships for Growth (the “Act”). Although Governor Baker vetoed specific parts of the Act, it includes a number of provisions that affect local zoning....more

Farrell Fritz, P.C.

Short-Term Rental or “Tourist Home” Deemed a Permitted Use despite Need for Special Use Permit from Planning Board

Farrell Fritz, P.C. on

As the popularity of short-term rentals continues to grow and many local governments are adopting restrictions to keep their use in check, the authors of the Long Island Land Use and Zoning blog are closely monitoring how...more

Farrell Fritz, P.C.

State and County Laws Require Oversight of Certain Local Land Use Decisions

Farrell Fritz, P.C. on

As a “home rule” state, New York’s zoning and other land use decisions are typically made at the village, town, or city level.  However, Section 239-m of the General Municipal Law (GML) requires a referral to, and a...more

Farrell Fritz, P.C.

Appellate Division Rules That Town’s Consulting Fees Are Unnecessary In Connection with Review of Special Use Permit and Area...

Farrell Fritz, P.C. on

The Appellate Division, Second Department, issued a decision on October 10, 2018, which rejected a town’s attempt to saddle an applicant with over $17,000 in consulting fees supposedly incurred by the town in reviewing...more

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

Municipalities' Water Withdrawal: NEPA/National Forest Management Act Challenge to U.S. Forest Service Authorization

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an October 23rd opinion Plaintiffs-Appellants Central Oregon LandWatch and WaterWatch of Oregon (collectively “Plaintiffs”) challenge to the United...more

Farrell Fritz, P.C.

Can Zoning Stop Property Owners from Renting?

Farrell Fritz, P.C. on

Local governments may not rely on zoning rules to prohibit renters in multi-family housing developments. Many local governments (and residents) prefer property owners living in their communities rather than tenants. This...more

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