News & Analysis as of

Preemption Zoning Laws Local Ordinance

Falcon Rappaport & Berkman LLP

Judge Strikes Down Long Island Dispensary Zoning Restrictions – More to Come?

A recent decision in the New York State Supreme Court has significant implications for the local regulation of adult-use cannabis dispensaries in New York. Tink & E. Co. (hereafter, “Tink”), an adult-use retail dispensary...more

Partridge Snow & Hahn LLP

Massachusetts Supreme Judicial Court Issues Two Decisions Favorable to Marijuana Businesses

Two recent unanimous decisions from the Massachusetts Supreme Judicial Court confirm the supremacy of the state’s marijuana laws over local zoning restrictions. The decisions also indicate a tendency of the Supreme Judicial...more

Holland & Knight LLP

California's Pro-Housing State Legislation Prevails Over Local Voter Measures

Holland & Knight LLP on

As Holland & Knight has previously reported, California courts have consistently enforced state housing laws that preempt land use and planning decisions by local governments. (See previous Holland & Knight alerts, "Court of...more

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

Road Salt Transloading Facility/Hazardous Substances: Federal Appellate Court Addresses Interstate Commerce Commission Termination...

The United States Court of Appeals for the Second Circuit (“Court”) addressed in a March 7th opinion a judicial challenge to a Shelburne, Vermont ordinance regulating hazardous substances and certain bylaws related to a salt...more

Verrill

Pipeline Appeals Grant of Summary Judgment to South Portland Regarding Its Ban on Marine Loading of Crude Oil

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Judge Woodcock of the U.S. District Court in Portland, finding that the South Portland’s Clear Skies Ordinance (the Ordinance) was neither a “preempted pipeline facility safety standard or a discriminatory ordinance enacted...more

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

Holland & Knight LLP on

• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more

Best Best & Krieger LLP

Billboard Regulations: Cities and Counties

Best Best & Krieger LLP on

No State Preemption of Local Billboard Regulations, California Appellate Court Finds - The Outdoor Advertising Act does not preempt local regulation of billboards, a California appellate court has ruled. In a decision...more

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