6th Cir. Cour t of Appeals Affirms a Preliminary Injunction Finding Township Violated RLUIPA
Law Of The Land
by Patricia Salkin
4d 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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Utah Appeals Court Affirms Denial of Application for Special Exception to Construct Ancillary Building
Law Of The Land
by Patricia Salkin
4d ago
This post was authored by Sebastian Perez, Esq. Michael Bermes (“Bermes”) sought relief from a denial of his request to build an ancillary building (the “building”) on a lot he owned over a ridgeline in Summit County (the “County”) where the District Court upheld the Summit County Council’s (the “County”) decision. This appeal followed.  On appeal to the Court of Appeals of Utah (the “Court”), Bermes argued that the County’s decision was both (1) illegal and (2) arbitrary and capricious. To advance his first argument, Bermes alleged that the County incorrectly relied on Snyderville Code S ..read more
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NY Appellate Court Overturns Summary Judgment in Road Maintenance Takings Case
Law Of The Land
by Patricia Salkin
4d ago
This post was authored by Amy Lavine, Esq. InFederman v. Town of Lorraine, 213 A.D.3d 1220 (4th Dept. 2/3/23), the Fourth Department held that lower court erred in granting summary judgment to the town on the plaintiff’s eminent domain cause of action. The case arose from a dispute over maintenance that the town performed on the road leading to plaintiffs’ home, which the plaintiff contended was an unlawful taking of his property. To be entitled to a grant of summary judgment dismissing the eminent domain claim, the town was required to establish that the road qualified as a “public highway by ..read more
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Second Circuit Dismisses Selective Enforcement Claim Due to Plaintiffs’ Failure to Identify and Plead a Similarly Situated Comparator
Law Of The Land
by Patricia Salkin
4d ago
This post was authored by Amy Lavine, Esq. The plaintiffs were issued fines by the New York City Department of Buildings during the course of their drilling and excavation work at a construction sites. They challenged the fines under 42 U.S.C. §§ 1981 and 1983, claiming that city officials had singled them out and discriminated against them and other Asian individuals in the construction industry. The district court ruled in the city’s favor, however, and dismissed the plaintiffs’ claims of race-based and malice-based selective enforcement. In a prior decision, Hu v. City of New York, 927 F.3d ..read more
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NY Appellate Court Reverses ZBA Determination That Short-Term Rentals Were Prohibited in the Single-Family Residence District
Law Of The Land
by Patricia Salkin
4d ago
This post was authored by Amy Lavine, Esq. The Fourth Department held in Matter of Friedman v. Town of Dunkirk, 221 A.D.3d 1581 (4th Dept 11/17/23), that the petitioner’s use of her property as a short-term vacation rental was not per se prohibited under the town’s single-family zoning. As the court explained, the zoning board had determined that short-term rentals were not a permitted use in the single family residential  district because it had concluded that a group of transient or temporary tenants did not qualify under the zoning code’s definition of a “family.” This was not the corr ..read more
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NY Appellate Court Affirms Dismissal of Untimely Subdivision Challenge
Law Of The Land
by Patricia Salkin
4d ago
This post was authored by Amy Lavine, Esq. The Second Department held that the 30-day time period for challenging a preliminary subdivision approval began to run when the minutes containing the decision were filed with the village clerk. The court further explained that neither the fact that the planning board’s counsel indicated to the petitioners that a written decision would follow, nor the fact that the village clerk did not provide the petitioners with a copy of the duly filed minutes, demonstrated that the petitioners were misled or otherwise affected by any  uncertainty as to the d ..read more
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NY Appellate Court Affirms Dismissal of Public Trust Claim Related to Development Encroachment Onto 10-Foot Town Easement
Law Of The Land
by Patricia Salkin
4d ago
This post was authored by Amy Lavine, Esq. The petitioners sought to prevent the development of a commercial plaza in the Town of Brighton. They argued that the project would encroach upon a 10-foot strip of land over which the town held a perpetual and non-exclusive easement. The easement had been established for the maintenance of a public pedestrian pathway, and the petitioners contended that the encroachment would constitute an illegal alienation of public trust property. The lower court disagreed with the petitioners and rejected their claims for declaratory and injunctive relief. It foun ..read more
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Federal District Court in NY allows Fourth Amendment Claim but Dismisses Plaintiff’s Discrimination, Conspiracy, and Takings Claims Related to Commercial Filming Permit Regulations
Law Of The Land
by Patricia Salkin
4d ago
This post was authored by Amy Lavine, Esq. The plaintiff, 31FO, LLC, purchased a 10-acre waterfront property in the Village of Lloyd Harbor in 2019 for about $5 million. It intended to generate revenue from the property by making it available for television and film production work and other events rentals. Problems soon arose between 31FO, its neighbors, and village officials, however, and when it rented the property for a silent religious retreat attended by mostly South Asian participants in 2019, complaints were allegedly made by some of the neighbors about the “dark-skinned people in ..read more
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IN Supreme Court  Reverses Lower Court For Failure to Provide Sufficient Reasoning in their Decision Pursuant to the Local Land Use Planning Act
Law Of The Land
by Patricia Salkin
4d ago
This post was authored by Sebastian Perez, Esq. The North West Neighborhood Association (NWNA), which represented local residents’ interests, challenged the adequacy and legality of the Council’s decision-making process under the Local Land Use Planning Act (LLUPA) and relevant city ordinances. NWNA contended that the Council’s approval lacked a sufficient reasoned statement as required by LLUPA, which mandated that decisions be based on express standards and accompanied by a comprehensive explanation. The absence of detailed findings and justifications impeded meaningful judicial review and c ..read more
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ME Supreme Court Finds Short-Term Rentals Violate Covenant Against Business Activity
Law Of The Land
by Patricia Salkin
4d 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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