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Zoning Board of Appeals Zoning Laws

Nutter McClennen & Fish LLP

Significant Changes to Statutory Process for Zoning Appeals: What You Need to Know About the 2024 Massachusetts Affordable Housing...

The Massachusetts Affordable Homes Act (H. 4977), signed into law on August 6, 2024, makes several significant changes to the statutory provisions governing appeals from zoning decisions under G.L. c. 40A, § 17. Where...more

Goulston & Storrs PC

Lions and Turtles and Bearded Dragons, Oh My!

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Fleming v. Zoning Bd. of Appeals of Oxford, 103 Mass. App. Ct. 1128 (2024) In Fleming, the Massachusetts Appeals Court grappled with some scaley zoning issues arising out of personal ownership of 460 reptiles. In this...more

Robinson+Cole RLUIPA Defense

Eleventh Circuit Clarifies RLUIPA Substantial Burden Inquiry

The United States Court of Appeals for the Eleventh Circuit recently clarified how to determine whether a substantial burden on religious exercise exists for purposes of the Religious Land Use and Institutionalized Persons...more

Farrell Fritz, P.C.

Is Prior Precedent Dead in the Village of Southampton? Depends on Who You Ask.

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Recently, the Suffolk County Supreme Court affirmed the Southampton Village Zoning Board of Appeals (ZBA) denial of a special permit to subdivide the subject property into two residential lots in the Village’s Office...more

Pierce Atwood LLP

Appeals Court Excuses City’s Notice-by-Mail Fail

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Today the Appeals Court decided Markham v. Pittsfield Cellular Telephone Company (pdf), holding that the 90-day appeal period under M.G.L. c. 40A, § 17 for zoning appeals alleging procedural defects is not tolled where a...more

Keating Muething & Klekamp PLL

Planning & Zoning in Kentucky – Bring Your “A” Game to the Administrative Hearing

A key piece of our American legal system is due process, and the right to have your “day in court.” For planning and zoning appeals, that day in court will likely come before you arrive at the circuit court. ...more

Pierce Atwood LLP

Appeals Court Resurrects Neighbors’ Claims Against Noisy Vineyard Venue

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In its recent decision in Allegaert v. Harbor View Hotel Owner, LLC, the Massachusetts Appeals Court reversed in part two Superior Court judgments dismissing the plaintiffs’ zoning appeals. In the process the Appeals Court...more

Pierce Atwood LLP

To Meet Zoning Frontage Requirement, “Linear Feet” Need Not be in a Straight Line

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Earlier this month in Perry v. Zoning Board of Appeals of Hull (pdf), the Appeals Court considered whether only a straight line along a private way constitutes “frontage” under the local zoning bylaw....more

Farrell Fritz, P.C.

Second Department Affirms Denial of Religious Organization’s Application for Conditional Use Permit

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In Matter of Sid Jacobson Jewish Community Ctr., Inc. v. Zoning Bd. of Appeals of the Inc. Vil. of Brookville, the Second Department reviewed a local zoning board’s denial of an applicant’s request to expand and improve the...more

Sheppard Mullin Richter & Hampton LLP

Build Me A Building As Fast As You Can

Not your average game of patty-cake! Earlier this week, New York’s First Department, Appellate Division issued its decision related to 200 Amsterdam, overturning the lower court’s decision which would have required 200...more

Farrell Fritz, P.C.

Second Department Upholds Town’s Determination Allowing Property Owners to Build Hot Tub in Wetland Buffer

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In Matter of Bernstein v Putnam Val. Zoning Bd. of Appeals, property owners sought to construct a hot tub on their residential property, located in a protected area known as a wetland buffer.  The Wetlands Inspector for the...more

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

Mounted Hydrovac Equipment/Zoning: Supreme Court of the State of New York (Appellate Division) Addresses Request for Permitted Use

The Supreme Court of the State of New York Appellate Division (Second Judicial Department) (“Court”) addressed in a January 20th Order a zoning issue associated with the storage of vehicles with mounted hydrovac equipment....more

Farrell Fritz, P.C.

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

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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

Pierce Atwood LLP

Not Your Grandfather’s Nonconforming Structure: Mass. Appeals Court Clarifies Deadrick Decision, Discusses Difference Between...

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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

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Bricker Graydon LLP

City of Columbus officials say keeping new construction and other development moving through the approval process is a top...

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The City of Columbus is open for business (remotely) to accept and review zoning, site plan, and permit applications and issue approvals. ...more

Best Best & Krieger LLP

Local Government Has an Important Interest in Adjudicating Zoning Disputes

Ninth Circuit Dismisses Case Brought Against Alameda County for Zoning Requirements - The U.S. Ninth Circuit Court of Appeals recently dismissed an appeal by Citizens for Free Speech against Alameda County, (Citizens for...more

Farrell Fritz, P.C.

Walls and Fences Are Not The Same

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This blog post is about walls and fences (but probably not the ones you may be thinking about). The walls of concern to this blog post are located in the Town of Geneva, in a part of the state known as the Finger Lakes...more

Farrell Fritz, P.C.

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

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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.

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

Bilzin Sumberg

Ley de apelaciones de zonificación de Florida: Denegación de excepción especial anulada en el condado de Miami-Dade

Bilzin Sumberg on

En la reciente decisión dictada en la causa Publix Supermarkets, Inc., v. Miami-Dade County, expediente n.º 17-082 AP, el Tribunal del Undécimo Circuito Judicial del condado de Miami-Dade sostuvo lo siguiente: (i) el...more

Farrell Fritz, P.C.

Appellate Division Affirms Supreme Court Determination Upholding Southampton Town ZBA Decision

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By decision dated December 17, 2015, the Town of Southampton Zoning Board of Appeals granted relief from Town Code §330-82 to allow a zero foot road frontage (where 40 feet is required) for two landlocked parcels located at...more

Pierce Atwood LLP

Mass. High Court Says Not All Divisions of Land Require Planning Board Approval, Dismisses Prospect of “Wild Deeds”

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In its recent decision in RCA Development, Inc. v. Zoning Board of Appeals of Brockton (pdf), Massachusetts’ Supreme Judicial Court (SJC) considered whether a division of land into two lots accomplished solely by deeds...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

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