Law of the Land: Real Estate & Property Law

Home -> Law Blog Directory -> Real Estate & Property Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Real Estate & Property Law

Law of the Land

Forum for the discussion of current laws, policies and decisions that affect the use of land. Highlights new court decisions, new state and federal laws, and actions at the local government level that guide and/or impact land use and community development.
By atricia Salkin

Post Frequency: 4.4/day

Last Entry: October 28, 2020 at 16:28:04

Equitable Estoppel Does Not Prevent Governmental Entity From Enforcing Zoning Where it Previously Improperly Permitted Development

Posted on October 02, 2008
The Kentucky Supreme Court held that although the planning commission previously improperly permitted development of a subdivision in a manner not consistent with the then applicable zoning statutes and regulations, this prior act does not equitably estop the government from denying further development...

Iowa Residency Restriction for Sex Offenders Upheld by State Supreme Court

Posted on October 01, 2008
Residency restrictions for convicted sex offenders remains a controversial topic as communities demand that state and local governments enacted residency and distance restrictions from schools and other places where children congregate in large numbers to protect children from convicted sex offenders who victimized minors, and those who believe that such restrictions are ineffective...

NH Supreme Court Holds That Zoning Administrator Has No Constitutional Duty to Keep Adjacent Property Owners Personally Informed of Ongoing Progress

Posted on September 30, 2008
The Strochlics received permits to raze an existing house on their property and to construct a new one in July and September of 2006, following the issuance of a zoning permit in April 2006. Adjacent property owners met with the zoning administrator to inquire about the project, and in October 2006 filed an appeal with [...

District Court Finds Zoning Regulations Violate RLUIPA?s Unreasonable Exclusion and Limits Clause

Posted on September 29, 2008
Prior to 2006, the Cooper City zoning ordinance excluded religious uses from business districts, the office park district and the park and recreational district. Various non-religious assemblies, however, were permitted in those districts. In October of 2006, after Chabad of Nova entered into a lease for space in a business district and began attempting to [...

To access this complete feed in the blog feed reader login or register for free.

New Book for Lawyers and Planners in Time for the Holidays

Posted on September 29, 2008
Professor Michael Allan Wolf?s book, The Zoning of America: Euclid v. Amber (University Press of Kansas, 2008) has recently hit the book shelves. This book provides a fabulous account of the historical background leading up to the seminal land use law case of Euclid v...

TN Appeals Court Finds Mobile Home Park Not Entitled to Nonconforming Use Status Due to Abandonment

Posted on September 28, 2008
The County Regional Planning Commission (RPC) brought suit against a mobile home park alleged to be in violation of a private act regulating mobile home parks in the county. In July 1997 the RPC circulated to its members a proposed private act to regulate mobile homes and in January 1998 Sanders, owner of a price [...

Siting of New Firehouse Is Subject to Local Site Plan Approval

Posted on September 27, 2008
Following the Town?s denial of a building permit application by the volunteer fire association for the siting of a new firehouse on the ground that the proiject required site plan approval from the planning board, the fire association commenced an action seeking a declaration that it is exempt from the Town?s local land use regulations...

CT Supreme Court Holds Commission Lacks Authority to Require Special Use Permit for Subdivisions Over Certain Size

Posted on September 26, 2008
The Plaintiffs appealed from a decision of the Town Planning and Zoning Commission which approved both their special use permit applications for a proposed residential subdivision subject to twenty-eight conditions and their subdivision applications subject to compliance with the special use permit conditions...

VT Supreme Court Invalidates Ordinance and Plan For Lack of Standards To Guide Development

Posted on September 25, 2008
JAM Golf sought permits to build ten houses on a seven-acre portion of a 450-acre Planned Residential Development (PRD) known as the Vermont National Country Club. The parcel, called ?the woodland,? sits on a ridge within the golf course and is bounded by three fairways and another residential development...

Guidelines Adopted Subsequent to Williamson Act Contract are Enforceable

Posted on September 24, 2008
The Williamson Act in California authorizes local governments to establish ?agricultural preserves? and to adopt rules governing the preserves. In exchange for voluntarily placing land into an established preserve, a landowner receives preferential tax assessment of the land under a Williamson Act contract with the local government...

NH Supreme Court Finds Supermarket was not Inconsistent with the Character of the Historic District

Posted on September 23, 2008
Konover Development Corp. proposed building a 36,000 square-foot supermarket on an 11-acre lot between state Route 125 and Main Street in Kingston. The site lies within the town?s historic district because it has frontage within the district, although about two-thirds of the lot is in the town?s rural residential district...

District Court Denies Summary Judgment Motions in RLUIPA Suit Involving the Church of Universal Love and Music

Posted on September 22, 2008
The Pritts, founders of the Church of Universal Love and Music (CULM), purchased a 150-acre tract of land zoned for agricultural use for the purpose of holding religious services and events that include concerts or music events. According to the Pritts, CULM ?adheres to nondenominational tenets that seek to advance spirituality, religion and love through [...

CA Appeals Court Holds Nollan/Dolan Rough Proportionality Test Does Not Apply Where Government Conditions Approval On Provision of Affordable Housing

Posted on September 21, 2008
The Plaintiff?s brought a facial challenge to an ordinance regulating multi-family housing construction, alleging that the law constituted an unlawful uncompensated taking. Specifically the law requires when developers construct multi-family ownership housing projects in a multi-family district, absent a waiver they are required to construct affordable housing on the site of the development or at [...

Prior Precedent Alone Does Not Support the Granting of a Variance Without Consideration of Statutory Factors

Posted on September 20, 2008
Following a denial by the building inspector of an application for a permit to demolish and existing home and to build a new one on two contiguous lots located along the shore of the Long Island sounds, the property owners appealed to the zoning board of appeals for variances from the street frontage requirements on [...

South Carolina Supreme Court Finds that Inclusion of ?Landfills? in List of Allowable Uses Still Required Special Permit Review for Siting of Such Use

Posted on September 19, 2008
In December 2002, the county council amended the county zoning ordinance by adding a single word-”landfill”-to a list of uses that could be allowed in what was classified as R-2 Rural District. Specifically, the announcement for the amendment read: “Article 3, Section 301 is amended to add text “landfill” to the uses permitted in R-2 [...

11th Circuit Finds Formula Based Retail Regulations Violate Dormant Commerce Clause

Posted on September 18, 2008
Most formula business ordinances include detailed purposes such as promoting a diverse business community, maintaining historic or unique community character, supporting the local economy by enhancing tourism attractions and improving the general quality of life...

Federal District Court Dismisses Sign Litigation Finding no Violations of Federal Constitutional Law

Posted on September 17, 2008
After unsuccessful litigation in the state courts, Lamar advertising brought a federal action against the Village of Marathon (NY) following a denial of its application for an area variance to erect a billboard that would exceed the height and face size restrictions of the zoning ordinance...

9th Circuit Reverses Earlier Ruling on Municipal Regulation of Wireless Facilities Holding Now That Providers Must Show Actual Prohibition, Not Merely Possible Prohibition

Posted on September 16, 2008
Last week, the Ninth Circuit Court of Appeals upheld a county ordinance limiting the placement, size and design of towers and poles that are needed for companies to provide cell phone service and wireless Internet connections. In doing so, the court announced that it was reversing a standard it had established in 2001 that barred [...

Property Owner Fails to Prove Entitlement to Nonconforming Use Status

Posted on September 15, 2008
First Pioneer operated a steel fabrication business on property that it owned. In September 2000, the County issued a notice to First Pioneer that such use violated the zoning ordinance, which had been amended in 1988 to require a conditional use permit for heavy manufacturing uses in the zone; and again in 1995 effecting a [...

Maine Supreme Court Finds Adjacent Landowner Timely Appealed Building Permit in ?Family Subdivision?

Posted on September 14, 2008
A since repealed Maine statute allowed for the creation of a ?family subdivision? whereby a division of land (three or more lots within a five year period of time) that was given by gift to certain family members did not create a lot or lots for the purpose of subdivision under state law, unless the [...

7th Circuit Finds No Substantive Due Process Violation Where City Enforces Ordinance Against Advertising Sign Displayed for Three Decades

Posted on September 13, 2008
The original owner purchased the four-story building on North State Street in Chicago in 1961 and decided to paint an advertising sign on the south wall of the building without first seeking approval. The wall has been continuously used for advertising since the early 1960s...

Alabama Supreme Court Finds Testimony Based on Council Member?s Personal Knowledge Adequate to Support Denial of Rezoning

Posted on September 12, 2008
The city denied rezoning of eight acres from a classification that allows single-family houses on lots with more than 100 feet of frontage to allow development of eight patio homes with less than 100 feet of frontage. Although the city had no expert or professional studies, the Alabama Supreme Court held that testimony of a [...

Ninth Circuit Finds No Valid Federal Constitutional Claim in Failure to Comply with Local Zoning

Posted on September 11, 2008
The Logan Neighborhood Association challenged the City?s granting of a building permit to the Dressels to enable them to construct a duplex addition o a house located in an historic district and inventoried on the District?s nomination for the National Register of Historic Places...

Failure to Seek Injunctive Relief to Safeguard Interests Renders Appeal Academic

Posted on September 10, 2008
In December 2005 the Village Planning Board granted approval of a preliminary application for a subdivision along with issuing a negative declaration under the State Environmental Quality Review Act. The trial court granted the Village?s motion to dismiss the petitioner?s challenge to the decisions in July 2006...

MA Appeals Court Finds Property Owner Failed to Exercise Rights Under Variance Sufficient to Prevent its Lapse

Posted on September 09, 2008
The Town granted Paul Cornell a variance to subdivide a parcel into two lots. After more than a year, Cornell applied for a building permit. The permit was denied by the town on the ground that the variance had expired. Cornell brought suit, asserting that the variance had not lapsed...

Town Driveway Ordinance Containing Slope Requirement is Not a Zoning Regulation

Posted on September 08, 2008
The Plaintiff has owned 99 acres of agricultural land since 1976, using an adjacent owner?s driveway permissively for access. In 2004, due to potential renters or buyers for the property, she could no longer rely on the permissive access, and so she applied for a permit to construct her own driveway on a 66-foot wide [...

Ohio Appeals Court Remands Taking Claim for Penn Central Analysis

Posted on September 07, 2008
It is increasingly clear that in terms of categorizing the types of the regulatory takings and setting forth the applicable tests to be applied in each type of potential taking, the U.S. Supreme Court?s 2005 decision in Lingle v. Chevron U.S.A., Inc., 544 U...

8th Circuit Allows Section 1983 Suit in Sign Permit Denial Appeal

Posted on September 06, 2008
Between 2000 and 2004, the City, in conjunction with the St. Louis Development Corporation (SLDC) and the Land Clearance for Redevelopment Authority (LCRA), exercised eminent domain to condemn 24 buildings owned by SITO, a nonprofit corporation that obtained residential properties to provide low-income housing...

New Florida Law Requires Comprehensive Plans to Address to Climate Change

Posted on September 05, 2008
On June 17, 2008 Florida Governor Crist signed a new law that, among other things, requires local governments to address climate change in comprehensive plans with green-house gas reduction strategies, energy-efficient development patterns, and factors to increase energy conservation in housing design and construction and in other contexts...

NY Trial Court Determines That County Is Proper Jurisdiction to Enforce Building Code against OTB

Posted on September 04, 2008
The Village of Suffern issued building code violations to the Catskill Regional Off-Track Betting Corporation (OTB) citing an abandoned box truck without an inspection sticker on its premises, failure to maintain bushes alongside the building, a guardrail that was sagging and decaying (and broken), failure to maintain the parking lot, no working drainage system, debris [...

Previous | Next

Related Law Bulletins

NEIGHBOR FLOODING YOUR LAND? COURT MUST USE BALANCING TEST TO DETERMINE IF ITâ€™S A NUISANCE.
Topic: Land Use, Trespassing, Private Nuisance The Appeals Court o...

Enlarging Time to Appeal Land Use Decisions in the Interests of Justice
In Gregory v. Borough of Avalon, the Appellate Division evaluated ...

City to issue its position on land seizure
Raymond Papperman, Shareholder and member of Stark & Stark's Real ...

Neighbor Flooding your Land?
Topic: Land Use, Trespassing, Private Nuisance The Appeals Court o...

2007 Land Use Update
Gary Forshner will be speaking at New Jersey ICLE's "2007 Land Use...