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Dismissals Urban Planning & Development

Perkins Coie

Failure to Timely Join an Indispensable Party Identified After CEQA Suit was Filed Mandated Dismissal

Perkins Coie on

The Court of Appeal held upheld the dismissal of a CEQA action for failure to timely name a developer that became a real party in interest during the pendency of the action. Citizens for a Better Eureka v. City of Eureka, 111...more

Perkins Coie

Gentrification Not a Valid Basis For Fair Housing Act Claim

Perkins Coie on

A claim of disparate impact based on gentrification in predominantly minority communities is not cognizable under the Fair Housing Act. Crenshaw Subway Coalition v. City of Los Angeles, 75 Cal.App.5th 917 (2022). A...more

Farrell Fritz, P.C.

Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds

Farrell Fritz, P.C. on

A recent Second Department decision, Matter of Village of Kiryas Joel v County of Orange, et al., addresses the intriguing justiciability doctrine of ripeness, as applied to judicial review of municipal administrative action....more

Pierce Atwood LLP

In Rare Move, SJC Enters Immediate Order Reversing Decision That Broadened Density-Based Standing in Zoning Appeals

Pierce Atwood LLP on

In what passes for high drama in the world of Massachusetts land use law, the Supreme Judicial Court (SJC), after hearing oral argument last Thursday in an important case involving standing in zoning appeals, entered an order...more

Farrell Fritz, P.C.

Second Department Affirms Dismissal of Article 78 Proceeding for Lack of Standing

Farrell Fritz, P.C. on

The City of New Rochelle adopted an ordinance in 2017, amending the zoning code to apply a senior citizen overlay district to certain real property comprised of approximately 3.4 acres at 121 Mill Road in New Rochelle.  The...more

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