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The Legal Intelligencer

Commonwealth Court Makes a Use Variance a Little Less Scary

Another option for a more targeted development where the local government will have assurances that it will get what was promised is a use variance. Although not as common as the ubiquitous dimensional variance that seek to alter building setbacks or heights beyond what is allowed in the zoning ordinance, a use variance in the right circumstances can be a viable path for both the local government and the developer.
8 minute read

Law.com

Appeals Court: Conservation Group Not 'Indispensable' to B&B's Bid to Block Public Access to Landmark

A Tennessee bed and breakfast will have to go it alone in its battle to stop the public from using its property to access a nearby natural landmark.
3 minute read

New York Law Journal

'Sign' Ruling Brings Relief to NY's Towns and Villages

Local governments in New York and across the country will not have to amend their sign ordinances now, following a rare land use-related decision by the U.S. Supreme Court.
9 minute read

Delaware Law Weekly

'Legislation by Stealth'?: Herbicide Maker Faults Notice for Obscuring Ordinance's Impact on Industrial Land

The ordinance sets a 140-foot limit on landfills but also changes zoning on heavy industry land to require special use review for future heavy industry use.
4 minute read

New York Law Journal

New Opportunity Zone Regulation Provides Further Planning Opportunities

A discussion of the Treasury Department's 2021 regulations regarding qualified opportunity funds which "provide a significant benefit to taxpayers who purchased property in qualified opportunity zones prior to 2018." The authors warn, however, that there are "several pitfalls that must be avoided."
5 minute read

Daily Business Review

GrayRobinson Posts 17% PEP Bump Following Litigation and Transactional Resurgence

The Orlando-headquartered Am Law 200 firm saw all of its major practices rebound from initial pandemic lulls as total revenue also broke records.
3 minute read

New Jersey Law Journal

Narrow Amendment to Statute of Limitations May Have Wide Implications for Some Developers

In January 2022, Governor Phil Murphy signed into law Senate Bill 396, which extends the time for claims by planned real estate development associations against real estate developers, under certain circumstances. There may be some unintended consequences.
8 minute read

The Legal Intelligencer

Court Continues to Reject Validity Challenges to Oil and Gas Development

Extensive case law following Robinson II makes it clear that where oil and gas development occurs is squarely within the purview of local zoning authority, while how it occurs is a state regulatory matter.
8 minute read

Law.com

State Appeals Court Sends Neighbors' Quarrel Back to Trial Court to Mull Whether Chickens Can Be Pets

The appellate panel said the lower court erred when it did not consider if the hens were "household pets" and instructed the lower courts to consider the question on remand.
3 minute read

Connecticut Law Tribune

Proposed Crematory in Bethel Wins Approval as State Supreme Court Overturns Local Zoning Decision

"What this decision does, in my opinion, is it restores fairness and stability to the special permit application process, and limits the ability of a commission to deny a special permit in the absence of site-specific evidence that implicate traditional zoning considerations," attorney Daniel Casagrande said.
4 minute read

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