Law of the Land, published by Touro University Jacob D. Fuchsberg Law Center, covers legal issues related to property rights, land use, zoning, and municipal law. The blog discusses cases involving constitutional challenges to land use regulations, annexation disputes, permit revocations, and enforcement of local codes. It addresses topics such as takings under the Constitution, due process and equal protection claims in land use contexts, selective enforcement of zoning laws, and pipeline access rights on private property. The blog analyzes court decisions from various jurisdictions, focusing on the intersection of property law and governmental regulation.
This post was authored by Luke Jenkins, Touro University Jacob D. Fuchsberg Law Center
Plaintiff-Petitioner commenced a hybrid article 78 proceeding against the Town of Hempstead to compel the production of documents pursuant to the Freedom of Information Law (“FOIL”)…
This post was authored by Sebastian Perez, Esq.
The United States District Court for the Northern District of Illinois (the “Court”) addressed a motion for reconsideration and rehearing following a bench trial in a Telecommunications Act (“TCA”) lawsuit brought by…
This post was authored by Amy Lavine, Esq.
The Ninth Circuit considered an Excessive Fines Clause challenge to short-term rental regulations in a 2026 case, Diamond Sands Apartments, LLC v. Clark County, 164 F.4th 759 (9th Cir. 2026). The…
This post was authored by Amy Lavine, Esq.
In the 2026 case Matter of Ryan v Watershed Agricultural Council of the New York City Watersheds, Inc., 2026 NY Slip Op 03853 (3d Dept 6/18/26), the Appellate Division, Third Department…
This post was authored by Amy Lavine, Esq.
In the 2026 case Matter of Prattsburgh Preservation Alliance Inc. v New York State Office of Renewable Energy Siting & Electric Transmission, 2026 NY Slip Op 03037 (3d Dept 5/14/26), the…
This post was authored by Lora Lucero, Esq.
The Eleventh Circuit upheld the city’s sign regulation against a challenge by an applicant whose applications for permits to erect four signs on behalf of other entities featuring, respectively, flags, artwork, partisan…
This post was authored by Sebastian Perez, Esq.
The United States Court of Appeals for the Seventh Circuit (the “Court”) addressed an appeal from a district court’s denial of a preliminary injunction in a First Amendment retaliation lawsuit brought by…
This post was authored by Sebastian Perez, Esq.
The City of St. Louis (the “City”), the City of St. Louis Preservation Board (the “Board”), and its individual members (collectively “Appellants”) appealed a circuit court judgment reversing the Board’s denial of…
This post was authored by Luke Jenkins, Touro University Jacob D. Fuchsberg Law Center
Petitioner, Bronxville Field Club, Inc., commenced an article 78 proceeding to review a Zoning Board of Appeals of Mount Vernon (“ZBA”) decision affirming the Architectural Review…
This post was authored by Luke Jenkins, Touro University Jacob D. Fuchsberg Law Center
Plaintiff-Petitioner, an individual, appealed a trial court decision dismissing their claim for injunctive relief and motion for reconsideration relating to the construction of a gasoline station.…
