Law of the Land
This blawg is designed to provide a forum for the discussion of current laws, policies and decisions that affect the use of land. It highlights new court decisions, new state and federal laws and policies, and actions at the local government level that guide and/or impact land use and community development. Readers may use this blaw to keep current on trends in land-use law by subscribing to the daily email to bring news of the “case or development of the day,” and readers may also watch developments in specific areas of the law by using the categorical tags to review all recent posting relating to a particular topic. All views and opinions are welcome in the form of comments to individual postings.
Author: Patricia E. Salkin is associate dean and director of the Government Law Center of Albany Law School and a past chair of the ABA State & Local Government Law Section.
Blawg Related Categories: Administrative Law • Albany Law School • Law Professor
Recent Posts from Law of the Land
-
Vested Rights Do Not Extend To Filing of Site Plan Application, Only to Building Permit Application
Abbey Road Group, LLC sought to construct a 575-unit multifamily condominium project on over 36 acres (the “Property”) in the city. On September 13, 2005, Abbey Road submitted a site plan application. A site plan…
-
Proposed Initiative to Subject all Land Use Enactments to Popular Vote Invalidated
Carmony submitted an Application of Initiative Petition to the Clerk of the Matanuska-Susitna Borough. The proposal would have added a new section to the Borough’s code to subject all land use enactments of the borough…
-
Zoning Ordinance That Allowed a Firing Range Near a Residential Subdivision Does Not Subject Town to Liability for Alleged Due Process Violation
Plaintiffs live in a development one and one half miles north of a sportsman’s club and they had previously complained of stray bullets reaching their neighborhood and striking their homes in 2006. The Club subsequently…
-
Local Zoning for a Broadcast Antenna Preempted for AM Radio Station
A reader of Law of the Land brings us of an “oldie but goodie” case…as there is not much law in this area, I agreed to post a 2002 landmark case as a reminder for…
-
Citizens Claiming an Adverse Impact May Challenge Annexation Where Their Land is Not Part of the Annexed Property
Lifestyle initiated a voluntary annexation by requesting the City of Reno annex 7,000 acres of land in Cold Springs Valley. Residents of Cold Springs, an area that borders the land in question, opposed the annexation.…
-
More Searching Scrutiny Is Required Where Adult Uses are not Allowed As of Right, but Rather are Subject to Special Use Permit Review
The Village’s Board of Trustees denied Chicago Joe’s request for a special use permit to locate in the office/industrial district of the Village since the proposed use violated the zoning code which prohibited adult use…
-
Need Continuing Education Credits? Last Chance to Sign-Up for On-Line Land Use Law Course Through Rutgers
I mentioned in an earlier post the various offerings from the Bloustein On Line Continuing Education Courses at Rutgers University. The Current Trends in Land Use Law course begins on Thursday, November 4th. Rutgers is…
-
Variance Denial for Telecommunications Tower Upheld as No Significant Gap In Service Existed and Ordinance was not Exclusionary
In granting summary judgment in favor of the Township, the Eastern District Court of Pennsylvania held that the denial of a variance to construct a personal wireless facility did not result in a violation of…
-
Fifth Circuit Court of Appeals Finds Houston’s Sign Code Constitutional
RTM, an outdoor advertising company which owned fifty-nine billboards in the City of Houston was sued in state court by the City for alleged violations of the sign code and for public nuisance. In response,…
-
Denial of Special Exception for Theoretical Subdivision in Tree and Slope Protection Overlay District is Supported by Substantial Evidence
The developer sought a special exception for a theoretical lot subdivision to build 13 houses on a single lot in the Chain Bridge Road/University Terrace Tree and Slope Protection Overlay District. Four houses would have…