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New York Law Journal

ERAP Stay and Property Values: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Horizon Realty of Mt. Vernon LLC v. Dabbs," where an ERAP stay was lifted as being inequitable to the landlord who had already suffered in the lengthy process, and "McWhinney v. Rockland Cider Works," where defendants were preliminarily enjoined from operating a cidery that would hurt surrounding property values.
18 minute read

Law.com

State High Court Upholds County Council's Ruling on Amazon 'Warehouse' Property Zoning Definitions

"In a thorough and well-reasoned decision, the Supreme Court of Maryland followed well established precedent and reaffirmed that the final decision of the District Council is the appropriate agency decision that is subject to judicial review and when the District Council's final decision is based on a mixed question of law and fact, a reviewing court will apply the substantial evidence standard of review," said Rajesh A. Kumar, principal counsel to Prince George's County Council.
5 minute read

New York Law Journal

'Impermissible Quid Pro Quo,' and Determining Arbitrability: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "South St. Seaport Coalition Inc. v. Landmarks Pres. Commn. of NYC," where the court vacated a certificate allowing a high-rise building at South Street Seaport, and "300 W 110th 19B LLC v. Argo Real Estate LLC," where the court granted a motion to compel arbitration, citing the condo bylaws' arbitration provision.
13 minute read

The Legal Intelligencer

Commonwealth Court Declines to Extend 'Slice of Life' to Support Group Home's Application for Curative Amendment

While municipalities continue to grapple with the repercussions of Slice of Life, proponents for another controversial residential use—community living or group homes—attempted to rely on Slice of Life to support a curative amendment to a zoning ordinance that would allow a community living use in a residential district.
6 minute read

Daily Business Review

Shutts & Bowen Continues Lateral Spree With Land Use Attorney From Jones Foster

James Gavigan's move is the latest indication that South Florida law firms continue to lean on real estate practices for growth.
3 minute read

New York Law Journal

Residential Conversion Opportunities in New York City

While policymakers are considering potential strategies to boost housing production through the conversion of vacant offices, there are existing New York City zoning regulations that create opportunities to reposition certain older commercial and manufacturing buildings for residential use.
8 minute read

New York Law Journal

Federal and Local Law Govern Requests To Construct Cell Towers

Applications by wireless service providers to construct cell towers, and opposition to those applications, are governed by the Telecommunications Act of 1996 and by zoning and land use laws as provided in that law. This column discusses the principal governing law, recent FCC guidance, and notable court decisions in this area to provide a roadmap both for those seeking to install cell towers and those wanting to make sure that all rules are followed.
9 minute read

Texas Lawyer

'People Want to Know': Briefs Pile Up as Observers Step Into Supreme Court Case

"You see the strong amicus presence," said Jennifer Caughey of Jackson Walker.
4 minute read

The Legal Intelligencer

2022 in Review: Changes to Land Use, Zoning Laws in Phila.

In this article, we highlight some of the most important changes to land use and zoning law in Philadelphia in the year 2022.
7 minute read

New York Law Journal

Creating Value Out of Thin Air: Air Rights Decoded

The Zoning Resolution regulates the amount of floor area (a.k.a., "development rights") that can be developed on such individual zoning lot by multiplying the lot area of the zoning lot, times the maximum permitted floor area ratio (FAR) for the zoning district underlying the zoning lot.
6 minute read

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