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Foley & Lardner LLP

Texas Enacts Critical Real Estate Reforms—Senate Bills 15, 17, 840

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Share on Twitter Print Share by Email Share Back to top Prior to his June 22, 2025, deadline, Texas Governor Greg Abbott signed into law hundreds of bills passed by the Texas Legislature. Three of these, Senate Bills 15, 17,...more

Sullivan & Worcester

Housing Bill Becomes Law, But It’s Not Just About Housing

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On Tuesday, August 6th, Governor Healey signed into law House Bill 4977, “An Act relative to the Affordable Homes Act.” The 181-page Bill provides for $5.1 billion in capital funding to support housing production and...more

Perkins Coie

2021 Land Use and Development Case Summaries

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Below are summaries of the key California and Ninth Circuit land use and development law cases decided in 2021. 1. Planning and Zoning - CHEVRON v. COUNTY OF MONTEREY 70 Cal. App. 5th 153 (2021) - A county ordinance...more

Goulston & Storrs PC

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

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On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of...more

Herbert Smith Freehills Kramer

Controversial Citywide Hotel Special Permit Enters Public Review

Herbert Smith Freehills Kramer on

On May 3, 2021, the City Planning Commission referred out for public review a zoning text amendment that would require a special permit for the creation or material enlargement of transient hotels (Zoning Use Group 5) and...more

Cozen O'Connor

Rent Control National Momentum

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In response to multiple news and industry reports that many urban areas in the United States are suffering a crisis in affordable housing, many states and cities are actively considering rent control as an ameliorative...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

Farrell Fritz, P.C.

Second Department Reminds: a Use Cannot Be Legally Nonconforming If It Was Never Legal to Begin With

Farrell Fritz, P.C. on

When determining whether a use is legally nonconforming for zoning purposes, the key consideration is whether the use was legal prior to the zoning restriction prohibiting it. A use cannot become legally nonconforming if it...more

Farrell Fritz, P.C.

Walls and Fences Are Not The Same

Farrell Fritz, P.C. on

This blog post is about walls and fences (but probably not the ones you may be thinking about). The walls of concern to this blog post are located in the Town of Geneva, in a part of the state known as the Finger Lakes...more

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

Farrell Fritz, P.C. on

The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more

Farrell Fritz, P.C.

Unique Procedural Rule Requires Transfer of Article 78 Proceeding to Appellate Division

Farrell Fritz, P.C. on

A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial...more

Farrell Fritz, P.C.

Nonconforming Uses – Don’t Abandon Them

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Legal pre-existing nonconforming uses (aka grandfathered uses) have a tenuous existence in New York.  Although protected by vested property rights in the Constitution, many local zoning ordinances seek to eliminate these...more

Goulston & Storrs PC

Cities Tap Hot Real Estate Markets to Expand Economic Opportunity

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As the U.S. economy enters its tenth year of continuous growth, cities are responding with ways to harness development pressure for affordable housing and for job creation and training. Boston’s elected officials are...more

Ballard Spahr LLP

Local Land Use On Location

Ballard Spahr LLP on

Montgomery County, Maryland - Montgomery County has launched Thrive Montgomery 2050, an initiative to update the County’s General Plan for the first time since the 1960s. The County Planning Board seeks public input to...more

Farrell Fritz, P.C.

Applicant’s Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board

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A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates how a simple omission on a site plan approval application can upend an approved project, even though...more

Farrell Fritz, P.C.

The Domain of Interpreting Zoning Ordinance: “Resort” to the Zoning Board of Appeals

Farrell Fritz, P.C. on

In opposing Crossroad Ventures, LLC’s (“Crossroad Ventures“) endeavor to construct a vacation resort partially within the Town of Shandaken, (“Town“), grassroots preservation organization Catskill Heritage Alliance, Inc....more

Farrell Fritz, P.C.

Suffolk Supreme Court Overturns Zoning Board Denial of Deer Fence Application

Farrell Fritz, P.C. on

Recently Farrell Fritz, P.C. represented a family held limited liability company in connection with an application to a East End zoning board of appeals to maintain an eight (8) foot fence and six (6) foot driveway gates...more

Farrell Fritz, P.C.

Finding That Zoning Board Determination Is Irrational, Arbitrary and Capricious, Suffolk Supreme Court Terminates Historic Deer...

Farrell Fritz, P.C. on

Recently Farrell Fritz, P.C. represented a family held limited liability company in connection with an application to a East End zoning board of appeals to maintain an eight (8) foot fence and six (6) foot driveway gates...more

Farrell Fritz, P.C.

The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m

Farrell Fritz, P.C. on

Last month, the Appellate Division, Second Department, issued four decisions in a series of hybrid proceedings challenging local laws in the Town of Riverhead (“Riverhead”)....more

Farrell Fritz, P.C.

Appellate Division Affirms ZBA Determination Denying Natural Resources Special Permit for Walls Built Without Permits on...

Farrell Fritz, P.C. on

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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

Farrell Fritz, P.C.

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges?

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In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State, are turning to the use of various forms of land development fees to meet their fiscal challenges. In...more

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