News & Analysis as of

Variances Appeals

Goulston & Storrs PC

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

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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

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

Hazardous Waste Regulations: Louisiana Appellate Court Addresses Whether Verified Reclamation Variance Is Appealable

The Court of Appeal of Louisiana (First Circuit) (“Court”) issued a September 23rd opinion addressing a challenge to the Louisiana Department of Environmental Quality’s (“LDEQ”) granting of a Verified Reclamation Facility...more

Farrell Fritz, P.C.

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

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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

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

Farrell Fritz, P.C. on

The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more

Farrell Fritz, P.C.

Unique Procedural Rule Requires Transfer of Article 78 Proceeding to Appellate Division

Farrell Fritz, P.C. on

A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial...more

Farrell Fritz, P.C.

Dog Training Business is Not a “Customary Home Occupation” According to Upstate NY Town

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A recent Fourth Department decision upheld a determination by the Town of Westmoreland Zoning Board of Appeals (the “Westmoreland ZBA” or the “Board”) finding that a dog training business is not a “customary home occupation”...more

Gray Reed

Gas Well Operator’s Injunction Against Texas Town is Dissolved

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In Town of Flower Mound v. Eagle Ridge Operating LLC, an operator’s injunction against enforcement of a local ordinance was dissolved. EagleRidge operates gas wells in the Flower Mound. A Town ordinance prohibits work on gas...more

Farrell Fritz, P.C.

Applicant’s Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board

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A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates how a simple omission on a site plan approval application can upend an approved project, even though...more

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

Water Quality Buffer/Stormwater: Tennessee Appellate Court Reviews Denial of Variance Request

The Tennessee Court of Appeals (“Court”) addressed in a April 4th Opinion a question involving stormwater issue regulations that utilize water quality buffers. See Precision Homes, INC. v. The Metropolitan Government of...more

Conn Kavanaugh

Special Permit Applicants Must Prove That Proposed Use Complies With Bylaws

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If you’re seeking a special permit for a project, be prepared to prove that your proposal complies with the town’s bylaws. First things first. What is a special permit? Generally, a special permit allows an applicant to...more

Bilzin Sumberg

Florida Zoning Appeals Law: Miami-Dade County Special Exception Denial Quashed

Bilzin Sumberg on

In the recent decision of Publix Supermarkets, Inc., v. Miami-Dade County, Case No. 17-082 AP, the 11th Judicial Circuit Court in and for Miami-Dade County held: (i) the applicant successfully carried its burden in a...more

Snell & Wilmer

Appellate Court Affirms Medical Marijuana Variance in Phoenix

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On May 2, 2019, the Arizona Court of Appeals in a memorandum decision, upheld a superior court judgment affirming a variance granted by the City of Phoenix Board of Adjustment (Board) to allow the operation of a medical...more

Farrell Fritz, P.C.

Appellate Division Reverses North Hempstead Denial of Pre-Existing Nonconforming Two-Family Home In Business District

Farrell Fritz, P.C. on

In Abbatiello v Town of North Hempstead, 164 A.D.3d 785 [2d Dept. 2018], the Second Department recently reversed Supreme Court, Nassau County and granted the petitioner’s CPLR Article 78 challenge to the Town of North...more

Latham & Watkins LLP

California Appeals Court: Which Conflicting Limitations Period Applies to CEQA Claim

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CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued on October 23, 2018, Save Lafayette Trees v. City of Lafayette, Case No. A154168, the California Court of Appeal...more

Farrell Fritz, P.C.

Failure To Appeal First Zoning Board Decision Results In Application Of Factual Res Judicata To Second Application For Similar...

Farrell Fritz, P.C. on

In Voutsinas v. Schenone, 2018 NY Slip Op 07439 (2d Dept, November 17, 2018), the Appellate Division, Second Department...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...

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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

Farrell Fritz, P.C.

Use Variance Denied By Second Department Regardless Of Alleged Prior Precedent: Village of Patachogue

Farrell Fritz, P.C. on

The Second Department recently reversed a Suffolk County Supreme Court decision granting a use variance for a mother-daughter residence in the Village of Patchogue (the “Village”), in spite of statements made on the record by...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

Best Best & Krieger LLP

Court Upholds Approval Of Superstore Zoning Ordinance - California Appellate Court Supports The Broad Use Of CEQA Addenda

In a victory for public agencies, a California appellate court ruled that, when an agency has prepared an environmental impact report for a project under the California Environmental Quality Act that is relevant to a...more

Farrell Fritz, P.C.

Appellate Division Holds that Proposed Use For Split Zoned Parcel Requires Area, Not Use, Variance

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Split zoned parcels can be a headache for property owners and practitioners. In general, a split zoned parcel is a piece of land located in two or more zoning districts and divided by a zoning district boundary line. Often...more

Farrell Fritz, P.C.

Finding That Zoning Board Determination Is Irrational, Arbitrary and Capricious, Suffolk Supreme Court Terminates Historic Deer...

Farrell Fritz, P.C. on

Recently Farrell Fritz, P.C. represented a family held limited liability company in connection with an application to a East End zoning board of appeals to maintain an eight (8) foot fence and six (6) foot driveway gates...more

Farrell Fritz, P.C.

Failure to Refer Area Variance Application to County Planning Agency Poses Jurisdictional Defect and Nullifies Approvals

Farrell Fritz, P.C. on

In Fichera, et al. v. New York State Dep’t of Envt’l Conserv., et al., decided last month, Petitioners commenced an Article 78 proceeding seeking to void actions taken and determinations made by the New York State Department...more

Farrell Fritz, P.C.

Supreme Court Considers Zoning Merger Case- How does this apply in Southampton Town?

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The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017, the Supreme Court of the United States decided a case that involved the merger of two parcels of property...more

Snell & Wilmer

Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances...

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In Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board of...more

Farrell Fritz, P.C.

Court Supports Expansive View of What Constitutes Religious Use

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Courts have recently expanded what constitutes religious conduct. In particular, in Matter of Sullivan v. Board of Zoning Appeals of City of Albany, 144 A.D. 3d 1480 (3d Dep’t 2016), an appellate court ruled that the use of a...more

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