Real Estate Developer Rights When Cities Demand Too Much
How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions
On May 12, 2025, the Honourable Rob Flack, Minister of Municipal Affairs and Housing (Minister), introduced Bill 17—the Protect Ontario by Building Faster and Smarter Act, 2025 (Bill 17). On June 5, 2025, Bill 17 received...more
On January 19, 2023, Representative Kevin Honan filed new legislation entitled “An Act to Safeguard Municipal Permitting” targeted at addressing special permit protections and timelines for previously approved projects. This...more
La Sección Primera del Consejo de Estado de Colombia, expidió el pasado 14 de julio de 2022 una sentencia, con ponencia del Consejero Hernando Sánchez Sánchez (la Sentencia), por medio de la cual se hacen importantes...more
All entitlements in Virginia's Fairfax County (Fairfax or the county) are evaluated for their conformance with the county's Comprehensive Plan (Comprehensive Plan). As required by state law, the Comprehensive Plan is a...more
The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more
In a striking blow, stripping a city of a judgment of nearly $1 million, the Massachusetts Appeals Court recently reversed a superior court summary judgment awarding fines to the City of Haverhill for a developer’s violations...more
In response to Hurricane Dorian, Governor Ron DeSantis has issued Executive Order No. 19-190 (reaffirming and amending Executive Order No. 19-189) declaring a state of emergency for all 67 counties in the state of Florida....more
In Town of Brookhaven v Golemi, 2019 NY Slip Op 51477(U) [Sup Ct, Suffolk County 2019], the Town of Brookhaven (“Brookhaven”) successfully sought and obtained injunctive relief to remove a structure that violated Brookhaven’s...more
Land use & zoning attorneys, Stanley B. Price and Anthony De Yurre, discuss what real estate developer's rights are when the government demands too much, and where the line should be drawn according to both statute and case...more
In Akeson v Inc. Vil. of Asharoken, 2019 NY Slip Op 32756(U), Index No. 57/2018 (Sup Ct, Suffolk County 2019), the Supreme Court dismissed a petition challenging the Incorporated Village of Asharoken’s (“Asharoken”) decisions...more
Residents of the Village of East Williston have prevailed (for now) over the East Williston Union Free School District’s plan to install a six-foot tall perimeter fence at the North Side School in the Village of East...more
The Real Estate Law (Reinforcement of Condominiums against Earthquakes) 5768-2008 (the “Reinforcement Law”) provides that in order to perform a TAMA 38 plan on a building under the “demolish and build” track, a majority of...more
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
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
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
CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued May 1, 2018, Jensen v. City of Santa Rosa, Case. No. SCV255347, the California Court of Appeal affirmed the trial...more
New York State Town Law § 277(9) authorizes a town Planning Board, to require a developer to provide a performance bond or other security covering the cost of installation of subdivision infrastructure and improvements in...more
The merger doctrine is alive and well in Massachusetts zoning law. In its recent decision in Kneer v. Zoning Board of Appeals of Norfolk, the Appeals Court examined whether the doctrine applies to property owned by a realty...more
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
In the Matter of 278, LLC v. Zoning Board of Appeals of the Town of East Hampton et al., dated March 21, 2018, the Appellate Division, Second Department upheld East Hampton Town Zoning Board of Appeal’s (“ZBA”) decision...more
An Illinois appellate court reversed a lower court’s dismissal of RLUIPA claims asserted by the First United Methodist Church of West Dundee (the “Church”) against the Village of West Dundee, Illinois (the “Village”), finding...more
Municipalities long unable to achieve ten percent affordable housing are now turning more frequently to a different Safe Harbor to block development of low and moderate income housing – compliance with the “General Land Area...more