News & Analysis as of

Appeals Property Owners

Goulston & Storrs PC

Zoning Permits May Last Longer Than Expected Under Extension Acts

Goulston & Storrs PC on

Palmer Renewable Energy, LLC v. Zoning Bd. of Appeals of Springfield, 105 Mass. App. Ct. 518 (2025) - Palmer involved a dispute concerning the so-called “Permit Extension Act,” passed by the Massachusetts Legislature (the...more

Kaufman & Canoles

Court of Appeals of Virginia Affirms Petition to Relocate Two Easements Under Virginia Code § 55.1-304

Kaufman & Canoles on

Yesterday, the Court of Appeals of Virginia issued a significant decision about a servient landowner’s right to relocate easements in accordance with Virginia Code § 55.1-304. ...more

Whiteford

Client Alert: Changes to the Virginia Ombudsman Complaint Regulations

Whiteford on

The Common Interest Community Board amended the Complaint Regulations effective August 1, 2025. These regulatory changes pertain to those circumstances where a person files a complaint against an association as the first step...more

Vorys, Sater, Seymour and Pease LLP

Ohio General Assembly Makes Changes to Real Property Complaint Process

Substitute House Bill 96 (H.B. 96), Ohio’s operating appropriations bill for fiscal years 2026 –-2027, was passed by the General Assembly on June 25, 2025 and signed by Ohio Governor Mike DeWine on June 30, 2025. The...more

Roetzel & Andress

Ohio Court Affirms Eminent Domain Taking for Downtown Zanesville Redevelopment Project

Roetzel & Andress on

The Ohio and U.S. Constitutions require that the power of eminent domain can only be exercised when necessary for a public use. In the 2005 case of Kelo v. City of New London, the U.S. Supreme Court took an expansive view...more

Pierce Atwood LLP

SJC Confines Zoning Standing Analysis To Actual Proposed Use; Speculation As To Future Uses Is Irrelevant

Pierce Atwood LLP on

Last week, the Massachusetts Supreme Judicial Court (SJC) reversed an Appeals Court panel in a strongly-worded decision concerning abutter standing to appeal a zoning decision, Stone v. Zoning Bd. of Appeals of Northborough...more

Nossaman LLP

Sheetz Loses Again: Legislatively Enacted Fees Satisfy Nolan/Dollan

Nossaman LLP on

In 2024, in what was heralded as a big win for developers in California, the U.S. Supreme Court upended decades of California precedent and held that legislatively enacted development impact fees must satisfy the “essential...more

Nossaman LLP

California Court of Appeal Confirms Legislatively Enacted Development Impact Fee

Nossaman LLP on

In 2024, in what was heralded as a big win for developers in California, the U.S. Supreme Court upended decades of California precedent and held that legislatively enacted development impact fees must satisfy the “essential...more

Nossaman LLP

Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability

Nossaman LLP on

Planning and constructing public infrastructure projects takes significant time – sometimes many years. Property owners and businesses who may be impacted are left in a state of limbo, not knowing for sure whether the project...more

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

Flood Project Challenge/Clean Water Act/National Environmental Policy Act: Federal Appellate Court Addresses Standing Issue

The United States Circuit Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 24th, 2024 Opinion a challenge to a United States Army Corps of Engineers (“Corps”) project alleging violations of the...more

McGuireWoods LLP

Arlington Missing Middle Ordinance is Void Again — For Now

McGuireWoods LLP on

In another twist to Arlington’s Missing Middle saga, on July 8, 2025, the Virginia Court of Appeals set aside its ruling from two weeks earlier reinstating Arlington County’s Expanded Housing Option (EHO) ordinance and...more

Jenner & Block

Client Alert: Supreme Court Won’t Be Taking on This Takings Case

Jenner & Block on

On June 30, the Supreme Court denied the petition for a writ of certiorari in GHP Management Corporation v. City of Los Angeles. The case arose out of a COVID-era eviction moratorium enacted by the City of Los Angeles which...more

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

Mold/Common Law Action: Maryland Appellate Court Addresses Negligence/Nuisance Claims

The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more

Gray Reed

Ambiguity Frees Louisiana Royalty Owner From Post-Production Costs

Gray Reed on

In Franklin v. Regions Bank the Fifth Circuit concluded that a royalty clause in a mineral lease resulted in a gross proceeds royalty; the royalty owners did not bear their proportionate share of post-production costs. Read...more

Pullman & Comley - For What It May Be Worth

Return to Sender: When Not Updating Your Address Becomes a Legal Headache

In a recent case before the Appellate Court of Connecticut, Judge Jose A. Suarez penned an opinion holding that owners of income-producing real property bear the burden of updating municipalities of a change in their address,...more

Marshall Dennehey

All Bark and All Bite

Marshall Dennehey on

Key Points: In New York, if the owner of an animal knew or should have known the animal had vicious propensities, a plaintiff may seek to hold the owner strictly liable....more

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

Stormwater Runoff/Residential Development: Arkansas Court of Appeals Addresses Jurisdictional Issue

The Court of Appeals of Arkansas (“Court”) addressed in a May 14th Opinion a jurisdictional dispute involving alleged residential development stormwater runoff issues. See Centofante, et al. v. Ferguson, 2025 WL 1386368. ...more

Nossaman LLP

Legislatively Enacted Fees Have Another Day in Court

Nossaman LLP on

On Tuesday, June 24, 2025, the California Court of Appeal heard argument in Sheetz v. County of El Dorado. You may recall that the California Court of Appeal previously held that legislatively enacted development impact fees...more

McGuireWoods LLP

Virginia Court of Appeals Overturns Arlington Missing Middle Decision

McGuireWoods LLP on

On June 24, 2025, the Virginia Court of Appeals overturned the Circuit Court of Arlington County’s decision invalidating Arlington County’s Expanded Housing Option (EHO) ordinance, commonly known as the “Missing Middle”...more

Houston Harbaugh, P.C.

You Can’t Have Two Main Characters

Houston Harbaugh, P.C. on

In a June 13, 2025 decision, the Pennsylvania Commonwealth Court held that a municipality impermissibly granted conditional use approval to an oil and gas well pad and interconnect facility on tax lots that were already...more

Walkers

Recreational Land Rights Upheld by the Privy Council

Walkers on

Walkers have represented the owners of almost 200 residential properties in a successful appeal to the Judicial Committee of the Privy Council concerning the enforceability of recreational golf and beach access rights. ...more

Pierce Atwood LLP

Mass. Land Court Rules Short Term Rentals Aren’t a Lawful Accessory Use in Nantucket Zoning District

Pierce Atwood LLP on

In a case of significant interest to the legal community and especially to Nantucket property owners, the Land Court recently issued its long-awaited decision in Ward v. Town of Nantucket (pdf) (Ward II), concerning the...more

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Vinson & Elkins LLP

Texas Supreme Court Clarifies Ownership of Salt Caverns

Vinson & Elkins LLP on

On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt...more

Davis Wright Tremaine LLP

Oregon Supreme Court Expands Meaning of "Accident" in Insurance Policy

Owners can trigger an insurance policy without formally alleging a tort claim if the contractor's defective work could support a tort claim. The Oregon decision may allow property owners to assert only a breach of...more

254 Results
 / 
View per page
Page: of 11

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide