News & Analysis as of

Property Owners Appellate Courts Zoning Laws

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

Smith Anderson on

In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

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

Stormwater Runoff/Residential Development: Arkansas Court of Appeals Addresses Jurisdictional Issue

The Court of Appeals of Arkansas (“Court”) addressed in a May 14th Opinion a jurisdictional dispute involving alleged residential development stormwater runoff issues. See Centofante, et al. v. Ferguson, 2025 WL 1386368. ...more

McGuireWoods LLP

Virginia Court of Appeals Overturns Arlington Missing Middle Decision

McGuireWoods LLP on

On June 24, 2025, the Virginia Court of Appeals overturned the Circuit Court of Arlington County’s decision invalidating Arlington County’s Expanded Housing Option (EHO) ordinance, commonly known as the “Missing Middle”...more

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

Submerged Lands/Zoning: Federal Appellate Court Addresses Whether Taking Claim is for Ripe Review

Co-Author Abigail Lindsey The United States Court of Appeals for the Eleventh Circuit addressed in an October 16th Opinion whether an alleged taking by a city was ripe for judicial review. See Fane Lozman v. City of Riviera...more

Sheppard Mullin Richter & Hampton LLP

Build Me A Building As Fast As You Can

Not your average game of patty-cake! Earlier this week, New York’s First Department, Appellate Division issued its decision related to 200 Amsterdam, overturning the lower court’s decision which would have required 200...more

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

Mounted Hydrovac Equipment/Zoning: Supreme Court of the State of New York (Appellate Division) Addresses Request for Permitted Use

The Supreme Court of the State of New York Appellate Division (Second Judicial Department) (“Court”) addressed in a January 20th Order a zoning issue associated with the storage of vehicles with mounted hydrovac equipment....more

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