Topic
Nonconforming Uses
34 published works
In the Zone
Special Exception
The Commonwealth Court of Pennsylvania recently confirmed the standards by which an applicant can obtain a special exception to expand a nonconforming use on its property. In Mercy v. Zoning…
Long Island Land Use and Zoning
New York Supreme Court Upholds Riverhead Town ZBA Determination Affirming Pre-existing Nonconforming Marina, Commercial Oyster Operation and Summer Cottage Use
By letter dated November 24, 2009, the Town of Riverhead’s Building Department Administrator provided that the docks, bulkheaded structures, commercial oyster operation, and six summer rental cottages were legal pre-existing…
Long Island Land Use and Zoning
Second Department Reverses Trial Court: Cottage is not a Nonconforming Use
On April 5, 2017, in an Article 78 proceeding, Tavano v. Zoning Board of Appeals of the Town of Patterson, 2017 NY Slip Op 02661, the Second Department reversed a trial…
Massachusetts Land Use Monitor
BEER AND WINE NOW AVAILABLE TO WESTPORT BEACHGOERS
In a decision that brought cheers from thirsty beachgoers, the Appeals Court in Almeida v. Arruda, 89 Mass. App. Ct. 241 (2016) affirmed a lower court finding that the sale of…
Long Island Land Use and Zoning
Mining in the Hamptons: Appellate Division Affirms Town of Southampton Zoning Board of Appeals Limitations on Pre-existing Nonconforming Uses Associated with Hamptons Mining Operation
Located in the hamlet of Bridgehampton, Town of Southampton, a sand mine operation owned by Sand Land Corporation and run by Wainscott Sand & Gravel Corporation (“Sand Land”) had its…
inversecondemnation.com
Williamson County Wonderfully MIA In Texas Court’s Ripeness Analysis
There's one citation notably missing from the opinion of the Texas Court of Appeals in Anderton v. City of Cedar Hill, No. 05-12-00969-CV (Aug. 22, 2014): Williamson County. This was…
Massachusetts Land Use Monitor
Appeals Court Fixes One Anomaly In The Tricky Law Of Nonconforming Structures
In a previous post we discussed Gale v. Zoning Board of Appeals of Gloucester (pdf) and the “difficult and infelicitous” language of the first two sentences of M.G.L. c. 40A, §…
inversecondemnation.com
Do You Have A Right To Continue A Business?
Last month, we posted a decision about nonconforming uses, White v. City of Elk River, No. A12-0681 (Minn. Dec. 4, 2013), and want to follow up by posting a good…
Massachusetts Land Use Monitor
House In Spooner Road Case Goes Up In Smoke
By Donald Pinto
The Brookline house at the center of a zoning controversy that resulted in an important 2010 Appeals Court decision (pdf) on nonconforming uses, "infectious invalidity" and standing, which in another important decision (pdf) was partiallly…
Long Island Land Use and Zoning
Islip Zoning Board Permits Testimony by Live Video Conferencing
In what is believed to be unprecedented among zoning boards on Long Island, the Town of Islip Zoning Board recently permitted applicants to proffer testimony in support of their zoning…