PA Appeals Court Holds Construction of Fence Around Athletic Fields Located...
The Wyomissing Area School District applied for zoning permit to erect a fence around its athletic fields. In this case, the School District appealed from the March 6, 2015, order of the Court of...
View ArticleNY Appellate Court Upholds Decision that Owner’s Use of Property as Venue for...
Petitioner owned a parcel of real property overlooking Lake George in the Town of Bolton, Warren County, known as Highlands Castle. Beginning in 2010, petitioner advertised Highlands Castle on the...
View ArticleOR Appeals Court Holds County’s Interpretation of the Code Definition of...
Respondents applied to Lane County for a zoning consistency determination to certify the lawfulness of an accessory use to their home. The requested accessory use was a conversion of a 2,800 square...
View ArticleME Supreme Court Finds ZBA decision Lacked Sufficient Factual Findings to...
Christopher Bond owned a nonconforming lot located in the Residence A District (RA District) in Cape Elizabeth. Bond submitted to the Town Code Enforcement Officer (CEO) an application for a building...
View ArticleNY Appellate Term Holds Individuals are Equally Liable for Violating Zoning...
This post was authored by Amy Lavine, Esq. Individuals can be held liable for zoning violations regardless of whether they acted at their own behest or on behalf of a corporation. The defendant in the...
View ArticleSC Appeals Court Finds Building was a Second Principal Building Rather than...
This post was authored by Matthew Loeser, Esq. In 2001, Boehm bought property Sullivan’s Island, South Carolina. The property included a main residential building and Unit B, a building with a garage...
View ArticleNY Appellate Court Upholds NYC Environmental Control Board’s Determination...
This post was authored by Matthew Loeser, Esq. The Petitioners in this case were the owners of five buildings that displayed “advertising signs” promoting the “Law Offices of John J. Ciafone, Esq.” on...
View ArticleNY Appellate Court Affirms Zoning Board Decision Allowing Weddings as an...
This post was authored by Amy Lavine, Esq. A New York appellate court held in November 2018 that weddings were properly approved as an accessory use to a bed and breakfast located in a residential...
View ArticleIN Appeals Court of Indiana Holds Firing Concrete Kiln with Liquid Waste...
This post was authored by Matthew Loeser, Esq. Essroc Cement Corporation operated in Clark County, Indiana, on land zoned M2 for Heavy Industrial Use. Essroc had previously used coal to power its...
View ArticleNY Appellate Court Holds Zoning Officer was Required to Make a Determination...
This post was authored by Matthew Loeser, Esq. Petitioners owned a 2.6–acre parcel located in a residential zone in the Town of Arietta, Hamilton County, which contained a 3,200–square–foot residence,...
View ArticleNY Court of Appeals Affirms Injunction Prohibiting Outdoor Music Festival...
This post was authored by Amy Lavine, Esq. The New York Court of Appeals ruled in November that zoning regulations preventing a property owner from holding a music and camping festival did not...
View ArticleLA Appeals Court Upholds Grant of Exception of Improper Cumulation When...
This post was authored by Matthew Loeser, Esq. Mr. James G. Derbes was the owner of a reception facility located in a HU-RDI zoning district. Although this property was located within a zoning district...
View ArticleGA Appeals Court Holds Accessory Use that Did Not Pertain to the Allowed Use...
This post was authored by Matthew Loescher, Esq. Bart Boyd and Georgia Stone Products, LLC, submitted a “Development Plan Application” for a portable rock crushing plant to use on property zoned heavy...
View ArticleOR Appeals Court Holds Regulations Cited by City Could Not Serve as a Basis...
This post was authored by Matthew Loescher, Esq. Kamps-Hughes owned real property in the Fairmount neighborhood of Eugene, zoned Low Density Residential (R-1), and was accessible only via an alleyway....
View ArticleNY Appeals Court Rules that Zoning Regulations Allowed an Accessory...
This post was authored by Amy Lavine, Esq. In Condominium Bd. of Mgrs. of Tribeca Summit v 415 PR LLC, a New York appellate court determined that a public parking garage was permitted under the...
View ArticleNY Trial Court Concluded a Pool Qualifies as a Residential Accessory...
This post was authored by Olena Botshteyn, Esq. In July 2019, the petitioner applied for a building permit to construct a pool enclosed by a premanufactured greenhouse-style structure. She was advised...
View ArticleNJ Appeals Court Holds that While Cemetery is Allowable Nonconforming Use,...
This post was authored by Jacqueline Rupelli, Touro College Jacob D. Fuchsberg Law Center Plaintiff Old Tennent Cemetery Association sought a preliminary and final site approval plan for an addition...
View ArticleMS Supreme Court Reverses City’s Interpretation of the Phrase “Main Building...
This post was authored by Matthew Loescher, Esq. The City of Gautier granted David Vindich a permit to build a 1,410 square foot garage/workshop on his .76-acre lot. When the building was almost...
View ArticleOH Appeals Court Finds that Property Co-Owner Did Not Violate Zoning...
This post was authored by Jennifer Autar, Jacob D. Fuchsberg Touro Law Center On June 23, 2021, Defendant-Appellant Sulken was cited by Delhi Township Police for a misdemeanor zoning violation for...
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