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State and Local Government › Preemption › Zoning Laws

Falcon Rappaport & Berkman LLP

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

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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

Best Best & Krieger LLP

Call to Action: Impending Threat to Communities’ Property Rights, Revenues and Police Powers Demands Planning and Response from...

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Local governments must prepare now for renewed efforts in Washington, D.C. to restrict, and in some cases, eliminate a community’s ability to manage their property, receive fair compensation for the private use of public...more

Holland & Knight LLP

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

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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

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

Holland & Knight LLP

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

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• 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

Harris Beach Murtha PLLC

Federal Aviation Administration Announces that Municipalities May Not Regulate Airspace — Even for Drones

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The Federal Aviation Administration (FAA) recently issued a press release clarifying the abilities of municipalities to regulate drone operations in the navigable airspace. State and local governments "are not permitted to...more

Carlton Fields

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

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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

Best Best & Krieger LLP

Billboard Regulations: Cities and Counties

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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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