This post was authored by Amy Lavine, Esq.
In People v. Norlite, LLC, 2026 NY Slip Op 01105 (3d Dept 2/26/26), the Appellate Division, Third Department, affirmed the dismissal of a Green Amendment claim seeking to compel the New
Law of the Land
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.
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TX Appeals Court Affirms in Part and Reverses in Part Dismissal of Short-Term Rental Challenge to Municipal Zoning Ordinance
This post was authored by Sebastian Perez, Esq.
Rancho De La Bahia LLC (“Rancho”) and Allen Rankin appealed the trial court’s order dismissing with prejudice their claims for declaratory and injunctive relief against the Town of Cross Roads, Texas (“Cross…
D. Ct. NH Grants Motion to Dismiss Developer’s Equal Protection Claims Regarding Special Use Applications for Affordable Housing
This post was authored by Sebastian Perez, Esq.
Avanru Development Group, Ltd. (“Avanru”) filed suit against the Town of Swanzey, New Hampshire Zoning Board (the “Zoning Board”), the Town of Swanzey, New Hampshire Planning Board (the “Planning Board”), certain individual…
D. Ct. MI Denies Request For Preliminary Injunction and TRO In Suit Challenging The Fee Requirement of Local Cannabis Regulatory Framework
This post was authored by Sebastian Perez, Esq.
The Plaintiffs, several limited liability companies operating medical and adult-use cannabis businesses in Grand Rapids, Michigan (the “City”), moved for a preliminary injunction and temporary restraining order (TRO) to prohibit the City…
CT App. Court Finds Plaintiff Failed to Exhaust Administrative Remedies When Seeking Injunction to Prevent Construction of a Gas Station
This post was authored by Luke Jenkins, Jacob D. Fuchsberg Touro 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. The…
NY Appellate Court Finds No Vested Right to Replace a Bubble Covering Tennis Courts
This post was authored by Luke Jenkins, Jacob D. Fuchsberg Touro 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 Board…
NY Appellate Court Upholds Board’s Determination to Classify Proposed Project as a Convenience Food Mart as Opposed to a Motor Filling Station
This post was authored by Luke Jenkins, Touro University Jacob D. Fuchsberg Law Center
Petitioners, landowners, commenced an Article 78 proceeding challenging a determination of the Town Board of the Town of Southport classifying a development project as a “convenience…
5th Cir. Cour of Appeals Finds Community-Based Organizations Had Standing to Assert Injury Related to Discriminatory Land Use Practices
This post was authored by Sebastian Perez, Esq.
Two faith and community-based organizations and a church located in St. James Parish, Louisiana (collectively, the “Organizations”), filed suit in the United States District Court Eastern District of Louisiana (the “District”) against…
LA Appeals Court Reverses and Remands Denial of Preliminary Plat Application for Convenience Store
This post was authored by Sebastian Perez, Esq.
Sing Signature Stores, Inc. (Plaintiff) purchased property in an unincorporated area of Lafayette Parish with the intent to build a convenience store. Before the purchase, Plaintiff submitted a pre-application to the Lafayette…
NY Appellate Court Affirms Decision of Trial Court Finding The City of Plattsburgh Did Not Violate General City Law § 20 When It Contracted to Develop a Riverwalk
This post was authored by Luke Jenkins, Touro University Jacob D. Fuchsberg Law Center
Petitioner, Plattsburgh Citizens Coalition, commenced an article 78 proceeding and brought an action for declaratory judgment against the City of Plattsburgh alleging a violation of the…