This post was authored by Luke Jenkins, Touro University Jacob D. Fuchsberg Law Center Plaintiffs brought suit against the Town of Afton and an individual. The Individual defendant applied to the Town of Aton for a variance to allow the building of an accessory two-story building on his property totaling 1,320 square feet. The LDC ..read more

This post was authored by Luke Jenkins, Touro University Jacob D. Fuchsberg Law Center Plaintiffs brought suit against the Thetford Township, Michigan (the “Township”), and its officials, alleging Defendants violated the Equal Protection Clause of the Fourteenth Amendment because of alleged discriminatory treatment. Plaintiffs lived on and operated their business on the same parcel of ..read more

On May 21, 2024, AZ Governor Katie Hobbs signed HB 2720 , referred to as the “Casita Bill,” (https://www.azleg.gov/legtext/56leg/2R/bills/HB2720S.pdf) which permits accessory dwelling units (ADUs) or “casitas” on residential properties by limiting local governments’ ability to impose strict zoning restrictions. The new law requires that any municipality with a population of at least 75,000 adopt ..read more

In April 2024 AZ Governor Hobbs signed HB 2297  to address Adaptive Reuse by  requiring cities to remove barriers to redevelopment of these commercial properties and allowing residential use without the need to rezone commercial properties. See, https://www.azleg.gov/legtext/56leg/2R/laws/0141.pdf  The law applies to municipalities with population over 150,000 and allows for the redevelopment of up to ..read more

This post was authored by Luke Jenkins, Touro University Jacob D. Fuchsberg Law Center Plaintiffs, two Limited Liability Companies, brought suit against the City of Petaluma (the “City”) alleging unconstitutional regulation of their respective mobile home parks under the Takings Clause and Contracts Clause of the United States Constitution. Plaintiffs claimed that the City regulated ..read more

This post was authored by Sebastian Perez, Esq. AJSJS, Treme, AIMS Group, and Kinsley (“Plaintiffs”) sued St. John the Baptist Parish and the Parish Council (“Defendants”) in federal district court for the Eastern District of Louisiana alleging (1) the denial of their rezoning application, which sought to rezone a mineral-rich tract of land located in ..read more

This post was authored by Natasha Dasani, Esq. Northwood Real Estate Ventures, LLC (“Northwood”) was seeking to redevelop a vacant manufacturing facility owned by respondent Foubu Environmental Services, LLC (“Foubu”) into a grocery store. After a lengthy review process, including multiple modifications to the application submitted by Northwood and Foubu as well as a review ..read more

This post was authored by Natahsa Dasani, Esq. Seneca Meadows, Inc. (“SMI”) commenced a hybrid Article 78 proceeding and action for declaratory judgment, where it sought to annul a negative declaration issued by the Town of Seneca Falls Town Board. SMI owns and operates the sole solid waste management facility located within the Town of ..read more

This post was authored by Natasha Dasani, Esq. Plaintiff Town of Montezuma (“Town”) brought suit against Sheila Smith, the owner of a junkyard. The Town sought to enjoin Smith from operating her junkyard until Smith applied for and obtained a license to operate a junkyard, which the Town claimed is required under New York State ..read more

This post was authored by Amy Lavine, Esq. In the 2024 case Del Vecchio v Gangi, the Second Department considered various claims relating to a dispute between neighbors over fireworks displays and noise. More specifically, Del Vecchio brought causes of against against his neighbors, the Gangis, for private nuisance, trespass, assault, breach of contract, and ..read more