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New York Law Journal

Town's Pact with Wind Turbines Company Stands, Panel Says

An upstate municipality that had no laws, codes or requirements governing the installation of wind turbine facilities until after a new town board imposed a moratorium cannot retroactively preclude their construction, a Fourth Department panel has held.
5 minute read

Connecticut Law Tribune

Yale, Iconic Nightclub Lock Horns In Court

Yale University has produced Nobel Prize winners, Supreme Court justices and presidents. Nearby, a nightclub called Toad's Place has landed musical legends such as the Rolling Stones, Bob Dylan, Count Basie and U2.
3 minute read

The Legal Intelligencer

Ness v. York Twp. Bd. of Comm'rs, PICS Case No. 13-3292 (Pa. Commw. Dec. 4, 2013) Simpson, J.; McCullough, J., dissenting (25 pages).

By | December 24, 2013
Zoning Ordinance & SALDO • MPC • Procedural Defects • Post-Enactment Notice • Due Process • Second Advertisement
4 minute read

The Legal Intelligencer

PPM Atlantic Renewable v. Fayette Cnty. Zoning Hrg. Bd., PICS Case No. 13-3334 (Pa. Dec. 16, 2013) Saylor, J.; Eakin, J., dissenting (14 pages).

By | December 24, 2013
Special Exceptions & Variances • Objector • Order to Post Bond • Condition of Appeal • Legal Nullity • Windmill Turbines
4 minute read

The Legal Intelligencer

When Regulation Ends an American Industry

Reuters reported in 2012 that the United States' last remaining primary lead smelter will close its doors at the end of 2013. The smelter is located in Missouri, and the company cited as the cause of the plant closure Environmental Protection Agency regulations that would impose financially "unacceptable" risks.
5 minute read

New York Law Journal

Dong v. Town of North Hempstead

Takings Claim Unripe; Article 78 Proceeding On Variance Ruling Did Not Seek Compensation
2 minute read

New York Law Journal

Village Residents Seek Removal of Mayor

An unusual case in which residents of a tiny village in Sullivan County are seeking to remove their mayor over alleged improprieties in planning for a high-density housing development is headed to the Third Department.
2 minute read

Connecticut Law Tribune

Editorial: Myth Of Wetlands Enforcement In Connecticut

By | December 12, 2013
The sad fact is that if you want to destroy wetlands in Connecticut and get away with it, you can. It is not that hard to do, despite what appears to be a comprehensive and strict statutory structure that should stop you in your tracks.
4 minute read

New York Law Journal

Saratoga County Economic Opportunity Council v. Village of Ballston Spa Zoning Board of Appeals

Nonprofit's Proposed Uses of Business Zone Property Deemed 'Vital Human Services'
1 minute read

The Recorder

Kansas v. Cheever

By | December 11, 2013
4 minute read

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