Appeals, State and Local Government, Site Plans

Solar Panel Array/Siting: New Hampshire Supreme Court Applies State Solar Development Statute

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/31/2025

The Supreme Court of New Hampshire (“Court”) addressed in April 9, 2024 Opinion issues arising out of the installation of a solar array. See Mojalaki Holdings, LLC. v. City of Franklin, 2024 N.H. 17, 2024 WL 1514612 (N.H....more

Zoning and Development Newsletter - July 2023

Sullivan & Worcester on 7/14/2023

Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

Farrell Fritz, P.C. on 9/30/2019

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

Applicant’s Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board

Farrell Fritz, P.C. on 7/22/2019

A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates how a simple omission on a site plan approval application can upend an approved project, even though...more

Stopping A Zoning Enforcement Action In Court

Farrell Fritz, P.C. on 4/23/2019

Builders, developers and property owners are often cited for zoning violations that become the subject of criminal enforcement proceedings in court (i.e. appearance tickets). Certainly, a party can have the court decide the...more

Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level

Farrell Fritz, P.C. on 9/17/2018

The Breakers Motel has been a fixture in Montauk since the 1950’s. Situate at 769 Old Montauk Highway, Montauk New York, the motel has 26 units, a pool and restaurant and is located across the street from the ocean....more

Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental...

Farrell Fritz, P.C. on 7/23/2018

An application was made for a site plan to the Planning Board of the City of Poughkeepsie for a 24 two-bedroom unit condominium complex in four buildings on a 3.4 acre parcel adjacent to an historic district. ...more

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