NONCONFORMING USE CLAIMS "ROCKED OUT" BY APPEALS COURT - Butler v. Zoning Bd. of Appeals of Mattapoisett, 22-P-463 (Mass. App. Ct. Apr. 19, 2023) - In Butler, Maureen and George Butler (the “Butlers”) asked the...more
The Hedges Inn (Hedges Inn) is a pre-existing, nonconforming, historic inn with 14 rooms and a restaurant at 74 James Lane in the Village of East Hampton (Village) in the R160 Residence District. In February 2018, Hedges Inn...more
In a recent decision, Matter of Labate v DeChance, the Second Department held that a landowner could continue to use his property to store construction equipment, despite a zoning ordinance prohibiting that type of use....more
Last February, in Dreyer v Stachecki, 2020 NY Slip Op 50134(U), the Suffolk County Supreme Court denied an unopposed motion for pre-action discovery. CPLR Section 3102(c) authorizes disclosure – prior to commencement – to aid...more
In perhaps a sign of the linguistic times, Appeals Court Justice James R. Milkey’s opinion in the case of Comstock v. Zoning Board of Appeals of Gloucester received more media coverage for certain racial history commentary...more
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