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

4th Circuit Court of Appeals Finds Due Process Violation but no ADA Violation With Regard to Siting of Methadone Clinic

Posted on March 12, 2008
In 2001, Helping Hand proposed opening a clinic at a site then being used for a medical office. Community opposition to the proposed use soon arose. The county councilman representing the district where the clinic would be located took up the neighbors? cause...

Maryland High Court Upholds ?In Harmony? Test for Compliance with Comprehensive Plan

Posted on March 11, 2008
In August, this blog reported on the controversial Maryland court ruling in Trail v. Terrapin Run (see, http://lawoftheland.wordpress.com/2007/08/28/maryland-supreme-court-grants-cert-in-comprehensive-plan-case/) where the Court of Special Appeals held that strict compliance with the comprehensive plan is not required...

Wind Land Use Cases Continue to Fill NY Courts and Attract State Legislation

Posted on March 11, 2008
The January/February issue of the New York Zoning Law & Practice Report features an article by Albany attorney Todd M. Mathes which focuses on a seven recent cases from lower courts in New York regarding the siting of wind facilities. What follows are excerpts from this article about two of cases: In West Beekmantown Neighborhood Assoc...

Maine Supreme Court Finds Public Vote Against Reclassifying Land Is a Legislative Act

Posted on March 10, 2008
Following the enactment of a shoreland area ordinance that created two categories within the shoreland area - 1) limited residential/recreational tracts, on which residential construction is allowed; and 2) strict resource protection tracts, on which residential and most other uses are prohibited - Bog Lake Company who owns land in the strict resource protection area, [...

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

New York State Bar Association Task Force on Eminent Domain Issues Final Report

Posted on March 09, 2008
The New York State Bar Association was the only state bar in the country to appoint a task force specifically to study eminent domain issues following the public reaction to the 2005 U.S. Supreme Court decision in Kelo v. City of New London. The interim report, issued in March 2006, contained eight recommendations that were [...

Subdivision Application Remanded Where Council?s Denial Based on Traffic and Overcrowded School Was Not Supported by Substantial and Competent Evidence

Posted on March 09, 2008
The petitioner?s sketch plan for a residential subdivision of 102 homes on 52.43 acres was approved by the planning board. The preliminary plan was then submitted and revised twice in response to staff comments, after which the planning board unanimously denied the application...

Second Circuit Upholds Enforceability of Open Space Restrictions on 1963 Plat

Posted on March 08, 2008
In 2007, the Second Circuit Court of Appeals certified the following question relevant to the outcome in this case to the New York Court of Appeals: ?Is an open space restriction imposed by a subdivision plat under New York Town Law §276 enforceable against a subsequent purchaser and under what circumstances?? That same year, the [...

S.C. Supreme Court Concludes City Planning Commissioner Elected to State Legislature Need to Recuse Herself from Commission Matter Prior to Taking Office

Posted on March 07, 2008
Following the filing of an application to subdivide their property and prior to the hearing, the property owners requested that a member of the city planning commission who had recently been elected to the state legislature in a special election, recuse herself from the proceeding...

TN Appeals Court Remands Nonconforming Billboard Matter Finding Administrative Record Was Incomplete

Posted on March 06, 2008
Although this nonconforming billboard case was decided on procedural grounds and remanded for further inquiry (stay tuned for future court decisions), it raises an interesting question regarding replacement of nonconforming signs and the requirement that they not just look the same, but that they be made of the same (or like) materials...

NJ Appellate Court Finds That Although Lawyer Had a Conflict Which Voided the Planning Board Decision, Plaintiffs Are Not Entitled to Attorneys Fees

Posted on March 05, 2008
In conducting research into recent conflicts of interest cases, I came across this unpublished opinion, which although really focused on whether the plaintiffs were entitled to attorneys fees under the theories that they acted as private attorney general, it would be unjust enrichment not to award the fees, and that although the Court had found [...

ME Supreme Court Upholds Finding that Certain Home Renovations Constituted an Impermissible Expansion of a Nonconforming Use

Posted on March 04, 2008
Homeowners were granted a building permit for planned renovations to their home which would result in no structure expansion or foot print change. Their house is a legally nonconforming use due to its size and location within a Critical Edge zone and the Shoreland zone...

District of New Hampshire Upholds Denial of Special Exception for Wireless Communication Tower

Posted on March 03, 2008
In an unpublished decision, the District of New Hampshire issued a Memorandum and Order granting summary judgment upholding the Nashua Zoning Board of Appeals? denial of a special exception permit to construct a wireless communications tower on property located within a 220-home residential development...

NJ Appellate Court Finds No Conflicts of Interest Where Board Members Had Remote Connections to the University-Applicant

Posted on March 02, 2008
By a vote of five to one, Monmouth University obtained thirteen use and bulk variances from the Borough Board of Adjustment to construct a large student dormitory in a low density residential zone. Neighbors, opposed to the project, filed a complaint claiming that several board members should be disqualified because of financial or personal involvement [...

FL AG Opines that Building Code Administrator or Inspector May Also Serve as Commissioner for Special District

Posted on March 01, 2008
A number of states have constitutional or statutory prohibitions on dual office holding. For example, in Florida the state constitution provides that: ?No person holding any office of emolument under any foreign government, or civil office of emolument under the United States or any other state, shall hold any office of honor or of emolument [...

NY Appellate Court Finds Variance Condition Requiring Chaining Parking Lot Entrance to Prevent Overnight Parking Lacked Rational Basis

Posted on February 29, 2008
The Appellate Division, Second Department upheld a denial of an area variance to permit the erection of a four-foot high stockade fence on two property lines the professional business use shared with the residence, but they vacated the condition imposed on four other area variances related to the parking lot on the premises which required [...

Portland?s Condition of Sidewalk Dedication May Constitute a Taking Requiring Compensation

Posted on February 28, 2008
As an outgrowth of the smart growth movement, the healthy/active living movement and efforts to slow climate change, many municipalities are developing and adopting programs designed to result in more sidewalks to make communities walkable. See, http://www...

New NPR Show Focuses on Land Use

Posted on February 28, 2008
Although I typically don?t use this blog to report on ?news? items, a major new series underwritten by the Lincoln Institute of Land Policy and the Orton Foundation looks like it will be of widespread interest to readers. The program, which examines on-the-ground impacts of land policy begins airing today on National Public Radio’s acclaimed [...

6th Circuit Upholds Ordinance Barring Entertainers from Entering Areas of Adult Establishment Within One Hour of Semi-Nude Performance

Posted on February 27, 2008
Kenton County, Kentucky enacted a licensing ordinance regulating sexually oriented businesses within the County for the purpose of reducing prostitution. It requires that sexually oriented business, along with their managers and entertainers, obtain licenses from the County...

MD Court of Special Appeals Finds No RLUIPA Violation in Denial of Variance for Church Sign

Posted on February 26, 2008
The Church sought a variance to permit a single-faced free standing, illuminated identification sign of 250 feet in lieu of the allowed 25 square feet, and 25 feet in height in lieu of the allowed 6 feet, with part of the sign being changeable copy operated electronically...

Local Sex Offender Residency Restriction Laws in NYS

Posted on February 25, 2008
Earlier this month at the Association of Towns Annual Meeting in New York, a presentation was made on the status of sex offender residency restriction laws at the local government level in New York. As of December 19, 2007, 18 counties, 9 cities, 31 towns and 23 villages had enacted local laws with various restrictions...

New Mexico Supreme Court Says Text Amendment Was Quasi-Judicial Requiring Due Process

Posted on February 24, 2008
On Monday, the New Mexico Supreme Court issued a lengthy decision in the long waited Albuquerque Commons Partnership v. City of Albuquerque case. The facts are long, going back more than ten years. In short, the developer (ACP) wanted to build a big box retail center in the uptown sector area...

Northern District of Illinois Finds No Evidence of Discrimination Based Upon Ethnicity

Posted on February 23, 2008
The Plaintiff, a developer born in Italy, proposed to develop a five-acre parcel into fourteen single-family homes. During negotiations with the municipality, the Plaintiff had conversations with an Alderman regarding the naming of the street within the subdivision...

ME Supreme Court Upholds ZBA Determination of Intent to Dedicate Parcel for Public Purpose

Posted on February 22, 2008
The Supreme Judicial Court of Maine upheld the determination of the zoning board of appeals that when the creator of a subdivision left an unnumbered parcel on an approved subdivision plan, it was intended to be a ?paper street? dedicated for public use...

OH Supreme Court Finds Bd. of Elections Abused Discretion by Placing Zoning Referendum on Ballot

Posted on February 21, 2008
The Ohio Supreme Court determined that because the required statutory procedure was not followed for the placement of a zoning referendum on the ballot, the Board of Elections abused its discretion when it placed the initiative on the ballot for March 2008, and the Court granted a writ of prohibition to remove it from the [...

E.D.N.Y. Limits Injunction Prohibiting Indian Nation from Siting a Gaming Facilty Only, Not From All Possible Land Use Actions

Posted on February 20, 2008
The Eastern District of New York upheld a permanent injunction prohibiting the Shinnecock Indian Nation from constructing and operating a casino or gaming operation on a parcel of non-reservation property in the Town of Southampton after the Court below held that the plaintiffs had met their burden for declaratory and injunctive relief that prevents the [...

NY Court Reverses Jury Award of $1.6M for Partial Regulatory Taking Due to Erroneous Jury Instruction on the Economic Impact Factor under Penn Central

Posted on February 19, 2008
In 1985 the plaintiff purchased two parcels of property with the intention of building shopping plazas, an allowable use at the time. In 1987 the Town enacted a moratorium on new commercial development in certain areas while it reviewed and updated its master plan...

GA Supreme Court Finds Mandamus Action Not Appropriate Before Exhaustion of Administrative Remedies

Posted on February 18, 2008
After the zoning board of appeals denied their request for a variance from interior side yard setbacks to enable them to build five residences on ten legal nonconforming lots, and following a denial by the county planning and development department of their application for disturbance permits on the ground that there was no land development [...

New York Appellate Court Addresses Differing Statutes of Limitations for Procedural and Substantive Challenges to Adoption of Zoning

Posted on February 17, 2008
Parties challenging the adoption of zoning ordinances must be mindful of differing applicable statutes of limitations depending upon the underlying causes of action set forth in the complaint. A recent New York appellate decision explains the difference between allegations categorized as procedural complaints, and those that are viewed as substantive complaints...

CT Responsible Growth Task Force Issues Final Report with 9 Recommendations

Posted on February 16, 2008
On February 4, 2008 the Connecticut Responsible Growth Task Force issued a report with nine recommendations to Governor Rell. The Task Force, created by legislation, was charged with identifying responsible growth criteria to help guide the state?s future investment decisions; and with studying land use laws, policies and programs, including those concerning transfer of development rights...

N.C. Appeals Court Holds Covenants Lacking Definition are Void for Vagueness.

Posted on February 15, 2008
Lots 33, 34, 35, and 36 were designated as ?reserved commercial? in a subdivision of single family homes. The lots, a park, and an area designated as ?reserved? on the plat are between a road and the beach. The county zoned the reserved area and lots 35 and 36 for lakeside business use...

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...