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By Harlan S. Stone and Anna S. Jewart | December 22, 2022
These MPC mandated procedures require municipalities to obtain recommendations from their local planning bodies, submit proposed zoning ordinances and amendments to the relevant county planning agency, and to hold public hearings to solicit public comment.
7 minute read
By Scott Mollen | December 20, 2022
This week, Scott Mollen discusses "Consulting SS Inc. v. McKellar," where the court held that illegal units are still subject to rent stabilization, "96 Springs, LLC v. Chefs Club NY, Inc.," where the doctrine of impossibility did not excuse a restaurant tenant's performance under lease and "East Pine Apartments, LLC v. Village of Cambridge" where an Article 78 proceeding challenging the revocation of a special use permit survived dismissal.
15 minute read
By Anthony S. Guardino | November 22, 2022
Recent opinions by the Advisory Committee on Judicial Ethics shed light on when judges must, or need not, recuse themselves in matters directly or indirectly involving zoning and land use issues.
9 minute read
By Neil Weisbard | November 15, 2022
The Zoning Resolution, with its accompanying 126 Zoning Maps, is a voluminous yet concise organic document, amended continually since its adoption on Dec. 15, 1961, and it has intrigued me ever since I first laid eyes on it.
8 minute read
By Scott Mollen | November 1, 2022
In this week's Realty Law Digest column, Scott Mollen discusses "Matter of Barnes Rd. Area Neighborhood Assn. v. Planning Bd. of the Town of Sand Lake," where it was held that the court could not use its own judgment to overrule the determination by the town's planning board, and "Gunsalus v. County Of Ontario," where a home's sale at foreclosure was set aside because it was determined to be not a transfer for a reasonably equivalent value.
16 minute read
By Scott Mollen | October 25, 2022
This week in his Realty Law Digest column, Scott Mollen discusses "Haimovici v. Castle Vil. Owners Corp.," a lease termination action where records of the tenant's misconduct precluded a preliminary injunction, and "Application of Voice of Gowanus v. City of New York," where a challenge to Gowanus rezoning was dismissed due to a failure to show that the environmental review was capricious.
16 minute read
By Michael Rikon | October 24, 2022
The Supreme Court, in 'Sackett v. U.S. Environmental Protection Agency', will decide on whether the Ninth Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act.
8 minute read
By Raychel Lean | October 21, 2022
"Everybody says, 'We need affordable housing, we need affordable housing,' but they never really go into the details of this fact," one affordable housing developer said. "We're all human beings. There's a need and you can't just leave people out without a place to live."
11 minute read
By Melea VanOstrand | October 20, 2022
Despite being the least-popular pick, real estate experts say Broward has many opportunities for growth and development. The question is: can it leverage its unique strengths to its advantage?
6 minute read
By Robert Max Junker and Anna Skipper Jewart | October 20, 2022
Recently, in the case of In re Township of Jackson, 280 A.3d 1074 (Pa. Cmwlth, 2022), the Pennsylvania Commonwealth Court revisited several seminal cases interpreting the DDPA to consider whether the orphan's court had properly denied the petition of Jackson Township, Lebanon County, to sell a parcel donated to the township for use as a public park.
8 minute read
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