New York Appellate Court Determines That Maintaining Status Quo Is Essential to Combat Mootness in Challenging ZBA Variance Actions

This post was authored by Tyler Doan, Esq.

Petitioner owns real property on a short dead end roadway in the City of Ithaca abutting Summit Avenue. An adjacent property, that Summit Ave is on, has been owned by various entities

NY Appellate Court Upholds Condemnation by Town

The Petitioner challenges the determination of the Town of Tonawanda (Town), which authorized the condemnation of property owned by the petitioner following a public hearing. The property, situated along the Niagara River, includes a coal-fired electric generating station that was

IA Court of Appeals Affirms Granting of Exception Allowing for Converted Church in Residential Area to be Used for Small Gathering Space

This post was authored by Tyler Doan, Esq.

The petitioner initially contested the grant of an exception to the local zoning ordinance to allow a converted church in a single-family residence area to be used as “small gathering space” for

NY Appellate Court Affirmed Approval of Subsurface Sewage-Disposal System Finding Local Government Complied with SEQRA and Local Law Codifying Zoning

This post was authored by Tyler Doan, Esq.

Petitioner appealed a decision of the ZBA town, town board, and related defendants challenging a dismissal by the ZBA of the challenge to the zoning enforcement officer’s determination that a proposed subsurface

Fed. Dist. Court in MO Finds Support for a Taking Claim but No Due Process Violation

This post was authored by Sebastian Perez, JD

Plaintiffs William Becker and Darcy Lynch (“Plaintiffs”), acting as co-trustees, filed a property rights lawsuit against the City of Hillsboro, Missouri (the “City”) for inverse condemnation, alleging that the city took private

Sixth Circuit Court of Appeals Holds Legislative Conditions Are Subject To Nexus-And-Proportionality Requirements

This post was authored by Robert Thomas, Esq. and originally appeared on the InverseCondemnation Blog and is reposted with permission. See, https://www.inversecondemnation.com/inversecondemnation/2023/05/ca6-legislative-conditions-are-subject-to-nexus-and-proportionality-requirements.html

The 6th Circuit Court of Appeals in Knight v. Metro. Gov’t of Nashville, No. 21-6179 (May 10,

MI Court of Appeals Reverses Trial Court’s Decision That Property Owners Lacked Standing to Challenge a Township’s Amendment to its Zoning Ordinance.

This post originally appeared on the Dalton Tomich blog and is reposted with permission from Dan Dalton, Esq, – https://daltontomich.com/the-importance-of-zoning-notice-requirements-under-michigan-law/

in Montrief v. Macon Township Board of Trustees, the plaintiffs-landowners filed suit against the Township alleging an amended zoning ordinance