News & Analysis as of

Zoning Laws

Federal Judge to Rule on “Fundamental Clash” Between PA’s Medical Marijuana Act and Federal Law

by Cozen O'Connor on

Judge Gene E.K. Pratter of the Eastern District of Pennsylvania issued an important memorandum opinion regarding the conflict between federal criminal law and the operation of medical marijuana businesses under Pennsylvania...more

Religious Land Use Controversy Brewing in Laurel, Maryland: Can a Church Worship in a Coffee Shop?

Redemption Community Church (the “Church”) has filed a federal lawsuit against the city of Laurel, Maryland (the “City”), after the City issued a cease and desist order prohibiting the Church from offering religious services...more

Sustainable Development Update - March 2018 #2

by Allen Matkins on

Sustainable Development Focus - 20,000 new homes by BART stations? A new California zoning bill aims to speed building - The Mercury News - Mar 5 Cities reluctant to approve housing on BART’s expansive parking lots and...more

Navigating Rhode Island’s Zoning Regulations

Thinking about bringing your business to Rhode Island? Interested in expanding and developing in this state? If yes, you will have to navigate Rhode Island’s state and local land use regulations, which encompass zoning and...more

Zoning plans within the scope of the Service Directive

by DLA Piper on

The Service Directive needs to be taken into account when drafting zoning regulations, according to the Court of Justice of the European Union. On the 30th of January 2018 the Court of Justice of the European Union issued...more

In Protracted Dispute Over Modest Residential Development, Court Orders Lafayette to Place Referendum Petition on Ballot

by Miller Starr Regalia on

On February 21, 2018, in Save Lafayette v. City of Lafayette, __ Cal.5th __ (2018) (Case No. A149342), the First District Court of Appeal overturned the City of Lafayette’s decision to not place a referendum petition on the...more

A New Maryland Case on Annexations: The County May Give, but the County May Take

by Miles & Stockbridge P.C. on

In a case of first impression in Maryland, the Court of Appeals of Maryland recently held in Waterman Family Limited Partnership v. Boomer, 456 Md. 330, 173 A.3d 1069 (2017) that a newly elected Board of County Commissioners...more

Denver City Council Approves Zoning Amendments Permitting Construction Up to 16 Stories in RiNo

On Monday, Feb. 12, the Denver City Council voted 11-1 to approve changes to the Denver Zoning Code and Municipal Code with the intent of implementing the 38th & Blake Station Area Plan Amendments—and allowing property owners...more

Grandfathering and Continuing Nonconformities in North Carolina

by Womble Bond Dickinson on

Last time, we introduced you to the concept of nonconformity laws in North Carolina. This time, we’ll spend some energy discussing the most common (and legally charged) aspect of nonconformity laws: how local laws restrict...more

A Primer on Zoning Nonconformities in North Carolina

by Womble Bond Dickinson on

Zoning laws, like any other laws, can change from time to time. What happens if your structure, lot, or use is permitted under an existing law, but the law changes in a way that your structure, lot, or use is suddenly no...more

Sour Grapes At Southold Town Board Meeting: Proposed Regulations Aimed At Wineries Go Back To The Drawing Board

by Farrell Fritz, P.C. on

At its December 5, 2017 meeting, the Town Board of the Town of Southold (“Town Board”) was hit with a tidal wave of opposition to changes the Board was considering to the Town’s Zoning Code with respect to wineries. The...more

Allenhurst, NJ Sued Under RLUIPA One Day and Settles the Next

The Borough of Allenhurst, New Jersey has settled a lawsuit against an Orthodox Jewish group just one day after the group filed suit in federal court alleging violations of RLUIPA’s unreasonable limits and exclusions and...more

Attempts To Amend Conditions Of Approval

by Fox Rothschild LLP on

In a recent case decided by the PA Commonwealth Court, titled Toll Brothers and Orleans Homebuilders v. Upper Uwchlan Township, the court upheld the decision of the Court of Common Pleas and the Board of Supervisors to deny...more

New York Supreme Court Upholds Riverhead Town ZBA Determination Affirming Pre-existing Nonconforming Marina, Commercial Oyster...

by Farrell Fritz, P.C. on

By letter dated November 24 2009, the Town of Riverhead’s Building Department Administrator provided that the docks, bulkheaded structures, commercial oyster operation, and six summer rental cottages were legal pre-existing...more

City of Bayonne, NJ to Pay $400,000 to Settle Claims Over Mosque Denial

The City of Bayonne, New Jersey has agreed to settle a lawsuit filed this past summer by Bayonne Muslims, asserting that the city discriminated against the Muslim group after denying variances needed to convert an abandoned...more

CAFO Stinks, but Not a Substantial Burden

Do 1,400 cattle and 17.4 million gallons of cow waste in open-air lagoons, upwind and a half a mile from a religious youth summer camp, impose a substantial burden? As unpleasant as a concentrated animal feed operation...more

Church Alleges Religious Discrimination Over Baltimore County’s Conditions on Approval of Development Plan

Maryland and the Board of Appeals of Baltimore County (together, “Baltimore County”), challenging Baltimore County’s conditional approval of the Church’s development plan, which sought to expand an existing house of worship. ...more

Podcast Episode 14 - Four Cases to Watch in 2018

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 14, we discuss four cases to watch in 2018: Ganson v. City of Marathon –...more

Portland's Fossil Fuel Terminal Ban Upheld by Court of Appeals

by Tonkon Torp LLP on

On January 4, 2018, the Oregon Court of Appeals issued its decision[1] in the case brought by Petitioners Columbia Riverkeeper, Portland Audubon Society, and Center for Sustainable Economy, among others, to attempt to uphold...more

The Past Year In CEQA Case Law: A Quick Look Back at 2017

by Miller Starr Regalia on

As we move into a brand new year of tracking CEQA developments, it seems like an appropriate time to survey and briefly recap some of the many significant published case law developments that occurred over the past...more

THE “AMBIGUITY RULE”-“Not-So-Clear” Can Be Useful When Seeking Variances

by Farrell Fritz, P.C. on

It is well established that zoning codes and regulations are in derogation of property owners’ rights in and to the use of their property. Zoning restricts the use of land which was otherwise free of restrictions. An owner’s...more

Commentary: Tartikov v. Pomona and RLUIPA

by Pessin Katz Law, P.A. on

Over the years, I’ve represented a number of churches and synagogues in their pursuit of zoning and development approvals to build places of worship. In my consultations with these clients, inevitably someone says something...more

Alternative On-Lot Sewer Systems For New Subdivisions In Pennsylvania

by Fox Rothschild LLP on

As a supplement to my blog back on August 23, 2017, as to the use of alternate on-lot sewer systems for planning new subdivisions, attached is the PA Builders Association information sheet on the new legislation. ...more

Resource for Doing Business in the United States – Installment #9 – Real Estate

by Garvey Schubert Barer on

One of the things any active investor in the United States almost always needs is a place in which to operate its business. Buying or leasing property can be tricky, however. For example, one can face liabilities by merely...more

Ninth Circuit: Ventura County Outdoor Wedding Regulations Violate First Amendment

by Miller Starr Regalia on

On December 7, 2017, a three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that the County of Ventura’s land use regulations, which require a conditional use permit for “temporary outdoor” events,...more

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