News & Analysis as of

Zoning Laws Enforcement Actions

K&L Gates LLP

Understanding the Massachusetts Supreme Judicial Court’s Decision in Attorney General v. Town of Milton

K&L Gates LLP on

Signed into law in January 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the Communities Act) requires all 177 cities and towns with access to MBTA public transportation (e.g., commuter rail,...more

Nossaman LLP

From Permits to Penalties: A Deep Dive Into Coastal Development Law

Nossaman LLP on

The California Coastal Act (The Act) is a critical piece of legislation impacting countless developers and homeowners within the coastal zones of California. Understanding the intricacies of The Act is pivotal for anyone...more

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

Goulston & Storrs PC on

In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Bowditch & Dewey

Supreme Judicial Court Upholds MBTA Communities Act; Invalidates Noncompliant Guidelines

Bowditch & Dewey on

On January 8, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Attorney General v. Town of Milton, SJC-13580, affirming the constitutionality of the Massachusetts Bay Transportation...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

Bowditch & Dewey

Attorney General Advisory Turns up the Heat for Compliance for MBTA Communities

Bowditch & Dewey on

On March 15, 2023, Attorney General Andrea Joy Campbell issued an advisory clarifying the requirements imposed on the 177 cities and towns impacted by the 2021 MBTA Communities Zoning Law (codified at M.G.L. c. 40A, § 3A). In...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

Farrell Fritz, P.C.

Stopping A Zoning Enforcement Action In Court

Farrell Fritz, P.C. on

Builders, developers and property owners are often cited for zoning violations that become the subject of criminal enforcement proceedings in court (i.e. appearance tickets). Certainly, a party can have the court decide the...more

Foster Garvey PC

Short-Term Rental Update: L.A. approves regulations for short-term rentals; Las Vegas Council new rule called ‘A Ban In Disguise’...

Foster Garvey PC on

In our Short-Term Rental Update this week, we focus on developments in the industry. New regulations in Los Angeles, which are expected to go into effect in July 2019, will prohibit “rogue hotels” but allow limited...more

Ward and Smith, P.A.

New Statutes of Limitation For Zoning Enforcement

Ward and Smith, P.A. on

Statutes of limitation are laws that place a limitation on the period of time within which a party may commence litigation about certain matters. They are based upon the concept that there should be some time period during...more

Farella Braun + Martel LLP

Eight Ways Your Wine Business Can Avoid, Survive Unfair-Competition Actions

California counties in winemaking regions are increasingly using the state’s Unfair Competition Act (Business & Professions Code Section 17200 and 17500) to bring government enforcement actions against local wine industry...more

Farella Braun + Martel LLP

Unfair Competition in the Wine Industry

California counties are increasingly using California’s Unfair Competition Law (UCL) to bring government enforcement actions against local businesses for myriad reasons. California’s UCL is extremely broad, encompassing...more

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