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Appeals Zoning Laws Municipalities

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

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

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

Foley Hoag LLP - Energy & Climate Counsel

MA Appeals Court Sets New Precedent Protecting Solar Development in Local Permitting

A recent decision of the Massachusetts Appeals Court sets an important precedent in favor of solar development in the Commonwealth. In Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham, the court unanimously...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

Stark & Stark

Navigating Historical Preservation Laws: A Guide for New Jersey Businesses

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In a state with as rich a history as New Jersey, new business projects can quickly be sidetracked or delayed by rules meant to encourage historical preservation. New businesses must plan for potential delays when developing...more

DarrowEverett LLP

Legal Guidance Can Be Key in Navigating Rhode Island Land Use Matters

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Land use matters in Rhode Island are often challenging to interpreappt and navigate. In fact, the Ocean State is known for having among the most restrictive policies for zoning and land use control in the U.S. It’s not hard...more

DarrowEverett LLP

Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

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Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more

Perkins Coie

Court Upholds California Law Limiting Local Governments’ Ability to Deny Housing Development Applications

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In a major recent decision, the California Court of Appeal rejected a city’s interpretation of what constitutes an “objective” standard under the Housing Accountability Act (HAA), Government Code section 65589.5, and upheld...more

Bowditch & Dewey

Massachusetts’ New Economic Relief Bill – What Enabling Partnerships for Growth Means for Local Zoning

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On January 14, 2021, Governor Baker signed the Act Enabling Partnerships for Growth (the “Act”). Although Governor Baker vetoed specific parts of the Act, it includes a number of provisions that affect local zoning....more

Farrell Fritz, P.C.

Court Upholds Zoning Board’s Denial of Gas Station’s Area Variance Application

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In Matter of Magid Setauket Assoc., LLC v The Town of Brookhaven Bd. of Zoning Appeals, the petitioners were the owner and the operator (“Petitioners”) of a Shell gas station located in the Old Setauket Historic District (the...more

Robinson+Cole RLUIPA Defense

City of Kirkwood, MO Hits Homerun in Religious Baseball Field Dispute in Eighth Circuit

Last week, the U.S. Court of Appeals for the Eighth Circuit issued an important decision regarding RLUIPA’s substantial burden and equal terms provisions. ...more

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

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The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more

Holland & Knight LLP

Court of Appeal Affirms California's Interest in Housing Can Override Laws of Charter Cities

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For decades, the California State Legislature has enacted numerous laws that limit the authority of local governments to constrain the supply and affordability of housing. These include the Housing Element Law, which requires...more

Farrell Fritz, P.C.

Unique Procedural Rule Requires Transfer of Article 78 Proceeding to Appellate Division

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A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

Farrell Fritz, P.C. on

Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Pierce Atwood LLP

Mass. Appeals Court Highlights Workaround for Identifying a Public Way

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The quality of a property’s frontage on a street or way can define its development potential and therefore its value. The gold standard, which will allow a comfortable check in the ‘frontage’ box in most Massachusetts...more

Farrell Fritz, P.C.

Dog Training Business is Not a “Customary Home Occupation” According to Upstate NY Town

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A recent Fourth Department decision upheld a determination by the Town of Westmoreland Zoning Board of Appeals (the “Westmoreland ZBA” or the “Board”) finding that a dog training business is not a “customary home occupation”...more

Bilzin Sumberg

Ley de apelaciones de zonificación de Florida: Denegación de excepción especial anulada en el condado de Miami-Dade

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En la reciente decisión dictada en la causa Publix Supermarkets, Inc., v. Miami-Dade County, expediente n.º 17-082 AP, el Tribunal del Undécimo Circuito Judicial del condado de Miami-Dade sostuvo lo siguiente: (i) el...more

Farrell Fritz, P.C.

Appellate Division Affirms Supreme Court Determination Upholding Southampton Town ZBA Decision

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By decision dated December 17, 2015, the Town of Southampton Zoning Board of Appeals granted relief from Town Code §330-82 to allow a zero foot road frontage (where 40 feet is required) for two landlocked parcels located at...more

Farrell Fritz, P.C.

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

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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

Bilzin Sumberg

Florida Zoning Appeals Law: Miami-Dade County Special Exception Denial Quashed

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In the recent decision of Publix Supermarkets, Inc., v. Miami-Dade County, Case No. 17-082 AP, the 11th Judicial Circuit Court in and for Miami-Dade County held: (i) the applicant successfully carried its burden in a...more

Bilzin Sumberg

Zoning Appeals Law Update: Miami PZAB Applies Incorrect Waiver Standard

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In CUBE 3585, LLC, v. CITY OF MIAMI, et al., Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County, an appeal was filed by Cube 3685, LLC (“Cube”) from proceedings involving application for a zoning...more

Farrell Fritz, P.C.

Court Upholds East Hampton Town ZBA Determination Denying Application for a Natural Resources Special Permit

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In the Matter of Strandkorb, LLC v. Zoning Board of Appeals of the Town of East Hampton, dated February 11, 2019, the Supreme Court, Suffolk County, upheld the Town of East Hampton Zoning Board of Appeals determination which...more

Farrell Fritz, P.C.

Appellate Division Upholds Village of East Hampton’s Local Laws Enacted in 2015 Amending Zoning Code Provisions for Gross Floor...

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In 2015 the Village of East Hampton enacted five local laws reducing the maximum allowable gross floor area for residences, reducing the maximum permitted coverage for all structures, reducing the maximum allowable gross...more

Farrell Fritz, P.C.

Remediation of Petroleum Spills Amount to Continuation of Nonconforming Use

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In Matter of HV Donuts, LLC v. Town of LaGrange Zoning Board of Appeals, the Second Department recently held that a property owner’s nonconforming use rights continue despite a temporary business interruption caused by a fuel...more

Perkins Coie

Zoning Ordinance Adopted To Make Zoning Consistent With General Plan May Be Rejected By Referendum

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The California Supreme Court has resolved a split among the courts of appeal, concluding that citizens may bring a referendum to challenge a zoning ordinance even if the referendum would temporarily leave in place zoning...more

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