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Nonconforming Uses

34 published works

  1. In the Zone

    Special Exception

    By Robert W. Gundlach, Jr.

    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…

  2. 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 Farrell Fritz P.C.

    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…

  3. Long Island Land Use and Zoning

    Second Department Reverses Trial Court: Cottage is not a Nonconforming Use

    By Farrell Fritz P.C.

    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…

  4. Massachusetts Land Use Monitor

    BEER AND WINE NOW AVAILABLE TO WESTPORT BEACHGOERS

    By Richard Gallogly

    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…

  5. 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

    By Farrell Fritz P.C.

    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…

  6. inversecondemnation.com

    Williamson County Wonderfully MIA In Texas Court’s Ripeness Analysis

    By Robert H. Thomas

    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…

  7. Massachusetts Land Use Monitor

    Appeals Court Fixes One Anomaly In The Tricky Law Of Nonconforming Structures

    By Richard Gallogly

    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, §…

  8. inversecondemnation.com

    Do You Have A Right To Continue A Business?

    By Robert H. Thomas

    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…

  9. 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…

  10. Long Island Land Use and Zoning

    Islip Zoning Board Permits Testimony by Live Video Conferencing

    By Anthony S. Guardino

    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…