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State High Court Sets Aside $3.5M Verdict for Homeowners, Instructs Jury to Consider 'Reasonable' Operation of Golf Course

"We believe that notwithstanding the instruction that the jury did not receive from the trial judge, we expect that the jury will be able with the new instruction to find that a reasonable use of the golf course was not being made by the golf course owner and the course's unreasonable use has caused a significant amount of golf balls to strike their home, cause significant property damages, and substantial mental anguish," said the plaintiffs' attorney, Robert W. Galvin of Galvin & Galvin.
4 minute read

The Legal Intelligencer

Court: Pending Ordinance Doctrine Does Not Apply to Land Development Applications

These MPC mandated procedures require municipalities to obtain recommendations from their local planning bodies, submit proposed zoning ordinances and amendments to the relevant county planning agency, and to hold public hearings to solicit public comment.
7 minute read

New York Law Journal

Rent Stabilization, the Doctrine of Impossibility and Special Use Permits: This Week in Scott Mollen's Realty Law Digest

This week, Scott Mollen discusses "Consulting SS Inc. v. McKellar," where the court held that illegal units are still subject to rent stabilization, "96 Springs, LLC v. Chefs Club NY, Inc.," where the doctrine of impossibility did not excuse a restaurant tenant's performance under lease and "East Pine Apartments, LLC v. Village of Cambridge" where an Article 78 proceeding challenging the revocation of a special use permit survived dismissal.
15 minute read

New York Law Journal

Judges, Recusals, and Zoning Disputes: What the Ethics Opinions Say  

Recent opinions by the Advisory Committee on Judicial Ethics shed light on when judges must, or need not, recuse themselves in matters directly or indirectly involving zoning and land use issues.
9 minute read

New York Law Journal

The Practitioner's Guide to the Powers of the Zoning Resolution

The Zoning Resolution, with its accompanying 126 Zoning Maps, is a voluminous yet concise organic document, amended continually since its adoption on Dec. 15, 1961, and it has intrigued me ever since I first laid eyes on it.
8 minute read

New York Law Journal

Realty Law Digest

In this week's Realty Law Digest column, Scott Mollen discusses "Matter of Barnes Rd. Area Neighborhood Assn. v. Planning Bd. of the Town of Sand Lake," where it was held that the court could not use its own judgment to overrule the determination by the town's planning board, and "Gunsalus v. County Of Ontario," where a home's sale at foreclosure was set aside because it was determined to be not a transfer for a reasonably equivalent value.
16 minute read

New York Law Journal

Realty Law Digest

This week in his Realty Law Digest column, Scott Mollen discusses "Haimovici v. Castle Vil. Owners Corp.," a lease termination action where records of the tenant's misconduct precluded a preliminary injunction, and "Application of Voice of Gowanus v. City of New York," where a challenge to Gowanus rezoning was dismissed due to a failure to show that the environmental review was capricious.
16 minute read

New York Law Journal

Supreme Court Weighs Wetlands Protection; New York State's Wetlands Valuation

The Supreme Court, in 'Sackett v. U.S. Environmental Protection Agency', will decide on whether the Ninth Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act.
8 minute read

Daily Business Review

Creative Solutions to South Florida's Affordable Housing Crisis

"Everybody says, 'We need affordable housing, we need affordable housing,' but they never really go into the details of this fact," one affordable housing developer said. "We're all human beings. There's a need and you can't just leave people out without a place to live."
11 minute read

Daily Business Review

What About Broward? This Less-Popular County Holds Development Opportunities, But Miami-Dade and Palm Beach Have the Spotlight

Despite being the least-popular pick, real estate experts say Broward has many opportunities for growth and development. The question is: can it leverage its unique strengths to its advantage?
6 minute read

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