EPA Releases 2023 Update to Equity Action Plan
Law Of The Land
by Patricia Salkin
8h ago
The U.S. Environmental Protection Agency released the 2023 update to its Equity Action Plan, as part of the Biden-Harris Administration’s whole-of-government equity agenda. This Equity Action Plan is part of EPA’s efforts to implement the President’s Executive Order on “Further Advancing Racial Equity and Support for Underserved Communities Through The Federal Government,” which reaffirmed the Administration’s commitment to ensure equity and build an America in which all can participate, prosper, and reach their full potential. Following robust engagement with community stakeholders, EPA ident ..read more
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Public Comment Deadline Extended – Draft Disadvantaged Communities Investments and Benefits Reporting Guidance for New York State Entities
Law Of The Land
by Patricia Salkin
8h ago
The public comment period has been extended to March 15, 2024. The New York State Department of Environmental Conservation (DEC) and New York State Energy Research and Development Authority (NYSERDA) released draft guidance for State entities to inform the investments and benefits reporting on compliance with the Climate Leadership and Community Protection Act’s (Climate Act) requirement that a minimum of 35 percent, with a goal of 40 percent, of the State’s clean energy investments benefit disadvantaged communities. The draft Disadvantaged Communities Investments and Benefits Report ..read more
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ME Sup. Court Finds Short-Term Rentals Violate Covenant Against Business Activity
Law Of The Land
by Patricia Salkin
8h ago
This post was authored by Sebastian Perez, Esq. Erik S. Townsend (“Townsend”) appeals a decision regarding the use of his property in Cushing, Maine. The trial court found that Townsend’s short-term rentals violated a deed restriction limiting property use to private residential purposes by one family. Townsend appealed to the Supreme Judicial Court of Maine (the “Court”). The subject property (the “Property”), located on a peninsula in Cushing, is part of a residential subdivision and subject to a restrictive covenant (the Covenant”). The Covenant restricts property use to private residential ..read more
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IA Appeals Court Upholds Board’s Decision to Rezone Portion of Property from Agricultural to Light Industrial
Law Of The Land
by Patricia Salkin
1w ago
This case involved a roughly 2.5 acre parcel of land that abuts a county highway in Dallas County, IA.  In 1970 the owner at the time sought a rezoning from agricultural to industrial for the purpose of manufacturing concrete products.  The Board approved the request on the condition that there should be a 150-foot agricultural buffer around the perimeter of the property. In 2021 the property was sold and the new owner intended to operate a commercial landscaping business on the land. There was no evidence the barrier was ever put in place. The new owner sought a rezoning to eliminat ..read more
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NY Appellate Court Upholds Invalidation of Zoning Board’s Second Vote to Reconsider First Vote at Same Meeting
Law Of The Land
by Patricia Salkin
1w ago
Following the Planning Board’s approval of a special use permit to cover part of the property into an eating and drinking establishment, the building inspector and code enforcement officer issued a building permit allowing for renovations on the property, and after the work issued a certificate of occupancy to the new owner.  Respondents who are lessees of property across the street challenged the certificate of occupancy, and the Zoning Board of Appeals passed a resolution dismissing the appeal on the basis that it was untimely but then at the same meeting later on passed another resolut ..read more
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District of Columbia Court of Appeals Finds Authorization of a Subdivision of Historic Landmark was Necessary in the Public Interest
Law Of The Land
by Patricia Salkin
1M ago
This post was authored by Matthew Loescher, Esq. The consolidated appeals of this case involved the ongoing construction of an apartment building behind the Scottish Rite Temple – a historic landmark located at 1733 16th Street NW. The Temple occupied roughly half of a single record lot that encompassed an entire block and spanned the 14th and 16th Street Historic Districts. The developer, Perseus TDC, sought approval for a subdivision from the Mayor’s Agent for Historic Preservation, who approved its application over the opposition of several neighbors and neighborhood organizations, includin ..read more
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6th Cir. Court of Appeals Affirms Preliminary Injunction Finding Plaintiffs Likely to Succeed on RLUIPA Claim
Law Of The Land
by Patricia Salkin
1M ago
This post was authored by Sebastian Perez, Esq. Catholic Healthcare International, Inc. (the “Plaintiffs”) commenced an action against The Genoa Charter Township located in the state of Michigan (the “Defendants”) alleging a violation of their rights under the federal and state constitutions as well as the Religious Land Use and Institutional Persons Act (“RLUIPA”) when The United States District Court for the Eastern District of Michigan (the “district court”) dismissed certain claims as unripe and granted in part and denied in part the Plaintiff’s motion for a preliminary injunction. This ap ..read more
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NY Appellate Court Holds Zoning Board’s Interpretation of Zoning Code is Irrational and Unreasonable
Law Of The Land
by Patricia Salkin
2M ago
This post was authored by Patrick Faivre, Touro University Jacob D. Fuchsberg Law Center The Town’s Code Enforcement Officer found Petitioner had violated section 110-3 of the Zoning Code by parking his camper trailer within 250 feet of the side and rear property lines of his residence. The primary issue in this case is whether the Board’s interpretation of the zoning code was irrational and unreasonable. The Court first addressed that local zoning boards generally have broad discretion, including in its interpretation of its governing code. However, the interpretation must be rational, reason ..read more
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Fed. Dist. Court in South Carolina Upholds Denial of Billboard Permits
Law Of The Land
by Patricia Salkin
2M ago
This post was authored by Patrick Faivre, Touro University, Jacob D. Fuchsberg Law Center Adams Outdoor Advertising Limited Partnership (hereinafter “Adams Outdoor”), commenced this action against the Town of Mount Pleasant and Kent Prause, the Zoning Administrator and Planning Division Chief of the Town of Mount Pleasant (hereinafter “the Town”), alleging the Town’s sign ordinance violated the United States Constitution, as well as the South Carolina Constitution. Plaintiff and Defendants both filed for summary judgment. The action began following the Town’s denial of Adams Outdoor’s applicat ..read more
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GA Appeals Court Upholds Board’s Decision Denying Conditional Use Permit for Poultry House, and Finds no Discrimination
Law Of The Land
by Patricia Salkin
2M ago
This post was authored by Bradley Billing, Touro University, Jacob D. Fuchsberg Law Center Sherran Lynn Wasserman agreed to sell her property to a buyer of Vietnamese descent, contingent upon the Board of Commissioners for Franklin County’s (the “Board”) approval of a conditional use permit (“CUP”) which would allow the buyer to construct a poultry house on the land. The CUP was originally approved by the Franklin County Planning Commission (“Commission”). However, the county’s council members then sent a letter to the Commission and the Board, requesting the permit be denied due to its proxim ..read more
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