By Law Journal Editorial Board | September 8, 2017
A seemingly simple matter involving the construction of a road on Montclair State campus took many years and is still not finally resolved. But at least it is now clearly established that matters of this sort do not have to be presented to local planning or zoning boards.
By Law Journal Editorial Board | September 8, 2017
Local boards are once again on notice that if they intentionally delay hearing and deciding applications, a default approval will likely result.
By newyorklawjournal | New York Law Journal | September 5, 2017
ZBA's Denial of Variance Requests Found Not Arbitrary, Had Rational Basis
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
Appellant could not rely on 42 Pa.C.S. § 5103, which addresses the transfer of erroneously filed matters, to transfer his dismissed federal action to state court to seek relief from a zoning board decision after failing to appeal that decision to the trial court. The court affirmed the trial court's order.
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
Property owners' use of residential property to build and maintain race cars was not an accessory use of the property where it was not subordinate to the principal use because property owners did not reside on the property and such activity did not contribute to the comfort or necessity of the occupants of the property. Order of the trial court affirmed.
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
Trial court properly entered judgment for city and did not abuse its discretion in using the common dictionary definition of "affected" in determining the meaning of the phrase "affected property owners" for the purpose of determining the veto threshold for a BID and in finding that all properties in the proposed BID district had to be counted. Affirmed.
By therecorder | The Recorder | August 31, 2017
C.A. 1st; A138702 The First Appellate District affirmed a judgment. The court held that property owners’ failure to obtain a myriad of permits…
By Blaine A. Lucas and Alyssa E. Golfieri | August 31, 2017
On June 27, the Commonwealth Court rendered a decision in Smith v. Ivy Lee Real Estate, 2017 Pa. Commw. LEXIS 412 (Pa Commw. Ct. 2017), holding that municipal subdivision and land development ordinances (SALDO) can be enforced through private causes of action. The case was a matter of first impression under the Pennsylvania Municipalities Planning Code, 53 P.S. Section 10101 et seq., (MPC), the state law establishing the framework for zoning and land use development regulations in Pennsylvania.
By njlawjournal | New Jersey Law Journal | August 31, 2017
Courts Had Sole Jurisdiction to Determine State Agency's Satisfaction of Obligation to Consult with Local Authorities in Development Plans
By therecorder | The Recorder | August 30, 2017
C.A. 1st; A147942 The First Appellate District reversed a judgment. The court held that a city’s issuance of a planned development permit for infrastructure…
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