News & Analysis as of

Subdivision Municipalities

McNees Wallace & Nurick LLC

Ways to Encourage Controlled and Collaborative Development: Streamline the Process for Zoning, Subdivision, and Land Development...

We would not blame you if you said that dealing with attorneys is not your favorite part of being a municipal official. However, in our defense, people use attorneys because they need help with complicated legal processes and...more

Winstead PC

2023 Texas Legislative Update: Issues Affecting Real Estate Entitlement and Development

Winstead PC on

House Bill 14 (by Harris (R), House District 8, Palestine, Anderson County, Texas) - Effective September 1, 2023 - THIRD-PARTY REVIEW OF PLATS, PLANS, PERMITS AND INSPECTIONS - HB 14 adds a new Chapter 247 to the...more

Farrell Fritz, P.C.

“Grandfathering” By Issuance of Building Permits

Farrell Fritz, P.C. on

Last month, in Cuffaro v Zoning Board of Appeals of the Village of Bellport (Index # 620453/2021), the Suffolk Supreme Court reinforced the existing and binding case law that a municipality’s issuance of a building permit to...more

Weintraub Tobin

New California Laws Affecting Real Estate in 2022

Weintraub Tobin on

To kick off our 2022 newsletter season (and hopefully in better fashion than the Sacramento Kings), we thought it would be helpful to summarize a few of California’s noteworthy new-for-2022 laws....more

Farrell Fritz, P.C.

Second Department Affirms Article 78 Reversal of Village Zoning Board Determination

Farrell Fritz, P.C. on

Petitioner, Claude Simon (“Petitioner”), owns approximately 2.25 acres of property in the Village of Upper Nyack (the “Village”), which he sought to subdivide into two separate lots.  The first lot would contain the existing...more

Pierce Atwood LLP

Wrong Procedure Costs City $1 Million Dollar Judgment Against Developer it Fined for Building Without Permits

Pierce Atwood LLP on

In a striking blow, stripping a city of a judgment of nearly $1 million, the Massachusetts Appeals Court recently reversed a superior court summary judgment awarding fines to the City of Haverhill for a developer’s violations...more

Troutman Pepper

NJ Supreme Court Rules No Public Health And Safety Ordinance Exception To Vested Rights Of Final Land Use Approvals

Troutman Pepper on

The protection from ordinance changes, commonly known as “vested rights,” conferred by the grant of a final subdivision or site plan approval is one of the most important legal tenets of New Jersey’s Municipal Land Use Law...more

Farrell Fritz, P.C.

Appellate Division Rules Town of Clarkson Code Provision Restricting Building Permits until Subdivision Infrastructure is Built,...

Farrell Fritz, P.C. on

New York State Town Law § 277(9) authorizes a town Planning Board, to require a developer to provide a performance bond or other security covering the cost of installation of subdivision infrastructure and improvements in...more

Jackson Walker

Dallas Court of Appeals Holds Municipalities Cannot Enforce Building Codes in Their ETJs

Jackson Walker on

Dallas Court of Appeals finds that a home-rule city lacks authority to require landowners developing property in the city’s extraterritorial jurisdiction (ETJ) to obtain city building permits, inspections and approvals, and...more

Goulston & Storrs PC

Real Litigation - Maroney, et al. v. Fiorentini, et al.

Goulston & Storrs PC on

In Maroney, et al. v. Fiorentini, et al., U.S. Dist. Ct., No. 1:16-cv-11575-DLC (D. Mass. Dec., 2017), Magistrate Judge Cabell in the United States District Court of Massachusetts partially denied a motion brought by...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19661 - ARS Investors II 2012-1 HVB, LLC v. Crystal, LLC - Owner recorded an unapproved subdivision map of its commercial property into three lots and then granted a...more

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