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NY 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...

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LA 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...

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GA 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...

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OR 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....

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NY 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...

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NY 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...

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NJ 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...

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MS 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...

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OH 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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PA Court Upholds Town Zoning Hearing Board’s Determination that Hosting...

This post was authored by Oliver Paulino, Touro University, Jacob D. Fuchsber Law Center Alisa Tongg Weiler (“Petitioner”) appeals from an order of the Monroe County Court of Common Pleas (trial...

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