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New York Law Journal

Burden of Proof vs. Search for Highest and Best Use

In his Condemnation and Tax Certiorari column, Michael Rikon discusses the recent Fourth Department decision, 'West Gates CIP v. State of New York', where the court affirmed an award in a partial taking which only awarded direct damages, and stated: "Where, as here, claimant contends that the highest and best use of the property is something other than its current or existing use, it must be shown 'that there is a reasonable probability that its asserted use could or would have been made within the reasonably near future.'"
8 minute read

The Legal Intelligencer

Court: Findings of Fact Failed in Experts' Battle Over Wind Turbine Noise

The Pennsylvania Commonwealth Court considered whether a zoning hearing board properly handled competing expert testimony over what metrics to use in calculating maximum noise levels.
8 minute read

New Jersey Law Journal

What 'Wild Deeds' Have in Common With the 2020 Election

We were reminded of this bit of arcane New Jersey legal history by last week's news that Republican presidential elector candidates in five states sent false certifications to the National Archives.
1 minute read

Connecticut Law Tribune

Judge Berger Takes Action in 'Sheff v. O'Neill' Settlement Before 'Another Generation … Suffers'

Final approval of the settlement requires that funding be approved by the General Assembly.
5 minute read

New York Law Journal

Realty Law Digest

Scott Mollen discusses 'Lincoln St. Mezz II LLC v. One Lincoln Mezz 2,' and 'Liberty Square Realty Corp. v. The Doe Fund Inc.'
20 minute read

New York Law Journal

Area Variances as a Special Use Permit 'Workaround'

New York law prohibits local boards with jurisdiction over special use permits from waiving or modifying their criteria. A decision by the New York Court of Appeals, however, provides a subtle, and often quite useful, way of circumventing that limitation.
10 minute read

New Jersey Law Journal

Valley National Bank Facing Contract Suit Over Proposed Sale of Headquarters Site

This suit was surfaced by Law.com Radar. Read the document here.
1 minute read

Daily Business Review

Akerman Real Estate Group Jumps to Holland & Knight

Partners Daniel Faust, Adam Zwecker, and Jason Vaupen joined Holland & Knight in mid-November, the firm announced on Tuesday.
3 minute read

Daily Business Review

Leading the Way: Bilzin Sumberg's Al Dotson on Success Through Community Engagement

Our weekly Q&A series features Al Dotson, managing partner of Bilzin Sumberg Baena Price & Axelrod.
7 minute read

New York Law Journal

Realty Law Digest

In his Realty Law Digest column, Scott Mollen discusses "Matter of East River Park Action v. City of New York," and "Malaczynski v. Wittmann."
12 minute read

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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