News & Analysis as of

Land Owners Zoning Laws

Ward and Smith, P.A.

Understanding Community Association Authority: Regulating Parking on Community Streets in North Carolina

Ward and Smith, P.A. on

When residents call to complain about their neighbor's vehicle blocking the street or a commercial truck parked overnight, you need to know what your association can—and cannot—do to address these concerns. Let's examine the...more

Seyfarth Shaw LLP

Cultivator Not Entitled to Use Easement for Cannabis Purposes Absent Landowner Consent

Seyfarth Shaw LLP on

On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that...more

Ward and Smith, P.A.

Owning Real Property Near Military Bases: Considerations for Buying, Selling, and Developing Land in an AICUZ

Ward and Smith, P.A. on

You have found the perfect spot for a new neighborhood, office complex, or retail center—only to discover it's within an Air Installations Compatible Use Zone (AICUZ). Suddenly, noise levels, building heights, and safety...more

BCLP

Significant Changes to CPO Regime Under Consideration

BCLP on

Two significant consultations opened at the end of last year, the first by the Government and the second by the Law Commission, seeking views on proposed changes to CPO law and process. In the first of this two part series,...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? My Dog Can’t Sleep - Issues of Construction Noise and Nuisance

Dear YouDig? I am retired and live with my wife in what I thought was a bucolic neighborhood in beautiful Ohio City, that is, until now. We heard through the grapevine that a new business was coming into our city and...more

(ACOEL) | American College of Environmental...

The Battle for Carlin Lake

A small lake in Northern Wisconsin became the battleground for a classic showdown between a small group of cottage owners and a well-healed, politically connected entrepreneur. The battle stretched out over seven years...more

(ACOEL) | American College of Environmental...

A Tempest over Moosehead Lake

If you’ve never been to Moosehead Lake in northwestern Maine, you really should go. It’s a place of spectacular and unspoiled natural beauty. The lake is 48 miles long and 20 miles wide, surrounded by mountains. Jutting up...more

Miller Starr Regalia

Landowner Prevails in Short-Term Vacation Rental Lawsuit Against Santa Barbara

Miller Starr Regalia on

On May 4, 2021, the Second District Court of Appeal affirmed a trial court decision, in Kracke v. City of Santa Barbara, __ Cal.App.5th __ (2021) (Case No. B300528), enjoining the City of Santa Barbara’s enforcement of a...more

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

Industrial Waste Landfill/Nonconforming Use: Minnesota Appellate Court Addresses Whether "Maintenance" Constitutes "Use"

The Court of Appeals of Minnesota (“Court”) in a December 7th Opinion addressed a zoning issue associated with an industrial waste landfill. See AIM Development (USA), LLC v. City of Sartell, 2020 WL 7134863...more

Bennett Jones LLP

Bill 48 Proposes to Create Single Land and Property Rights Tribunal in Alberta

Bennett Jones LLP on

A key goal of Alberta's Recovery Plan is to create jobs and drive Alberta's economy forward. In this regard, the Government of Alberta has implemented several measures in an effort to reduce the red tape associated with...more

Bricker Graydon LLP

[Webinar] Developing Property for Economic Growth - September 9th, 9:00 am - 11:00 am EST

Bricker Graydon LLP on

Bricker & Eckler attorneys, with special guest Thomas Winston, President & CEO, Toledo-Lucas County Port Authority, invite you to attend a virtual presentation that will walk you through the process of developing public or...more

Pierce Atwood LLP

Not Your Grandfather’s Nonconforming Structure: Mass. Appeals Court Clarifies Deadrick Decision, Discusses Difference Between...

Pierce Atwood LLP on

In perhaps a sign of the linguistic times, Appeals Court Justice James R. Milkey’s opinion in the case of Comstock v. Zoning Board of Appeals of Gloucester received more media coverage for certain racial history commentary...more

Farrell Fritz, P.C.

Town Takes Trailer: Enforcing Zoning Ordinance against Unresponsive Violators

Farrell Fritz, P.C. on

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

Rosenberg Martin Greenberg LLP

Baltimore County Gets Ready for 2020 Comprehensive Zoning Map Process

In September 2019, Baltimore county will kick off the Comprehensive Zoning Map Process (“CZMP”).  The CZMP is the quadrennial process through which Baltimore County redraws its zoning maps.  Every four years, the Baltimore...more

K&L Gates LLP

Upgrading The Pre-existing Nonconforming Use: Subtleties and Land Mines

K&L Gates LLP on

Upgrading a pre-existing nonconforming use in New Jersey involves myriad issues, and resolving them is a bit like navigating between Scylla and Charybdis. Originally published in New Jersey Law Journal....more

Jackson Walker

Texas Legislative Update: New Laws Impacting Real Estate Developers and Builders

Jackson Walker on

More than 10,000 bills were filed during the 86th Texas legislative session. Some of the bills that were filed and ultimately signed into law specifically impact the real estate and construction industries. Below is a...more

Womble Bond Dickinson

Grandfathering and Continuing Nonconformities in North Carolina

Womble Bond Dickinson on

Last time, we introduced you to the concept of nonconformity laws in North Carolina. This time, we’ll spend some energy discussing the most common (and legally charged) aspect of nonconformity laws: how local laws restrict...more

Fox Rothschild LLP

MPC Permits A Private Cause Of Action To Enforce A SALDO

Fox Rothschild LLP on

In a case caption Smith v. Ivy Lee Real Estate, LLC, the Commonwealth Court of Pennsylvania was faced with the question if Section 617 of the MPC permits a private cause of action to enforce a subdivision land development...more

Womble Bond Dickinson

A Primer on Zoning Variances in North Carolina

Womble Bond Dickinson on

What is a "variance" in the zoning context? Simply, it is relief from -- or a variation of -- the application of a zoning law to a particular piece of property....more

Miles & Stockbridge P.C.

Montgomery County Subdivision Regulations Rewrite

In 2014 Montgomery County adopted a comprehensive amendment to its zoning ordinance and now it embarks on the process of rewriting its subdivision regulations. Subdivision regulations facilitate the planning authority of...more

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