Topic
Special Use Permit
21 published works
Law of the Land
CT Appeals Court Finds Petitioner Failed to Exhaust Administrative Remedies with Two Appeals Pending Over Denial of Special Use Permit for Gas Station
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…
Municipal Minute
In the Zone: Appellate Court Overturns ZBA’s Decision Concerning Special Use Permit for Clinic
An Illinois Appellate Court recently overturned a municipality's zoning determination that a property owner complied with the terms of a preexisting special use permit for the property. Rylatt v. Christensen…
Long Island Land Use and Zoning
Is Prior Precedent Dead in the Village of Southampton? Depends on Who You Ask.
Recently, the Suffolk County Supreme Court affirmed the Southampton Village Zoning Board of Appeals (ZBA) denial of a special permit to subdivide the subject property into two residential lots in…
Long Island Land Use and Zoning
What’s So Special About Special Use Permits?
The "Special Use Permit" is a zoning term and process used by a municipality to encourage, but still regulate, land use in a zoning district by making it subject to…
RLUIPA Defense Blog
Evangelical Church Sues Castle Hills, TX for Denying SUP for Sunday School Space
By Evan Seeman
Wayside Chapel Evangelical Free Church is suing Castle Hills, Texas for denying its application for a special use permit for property located at 113 Ivywood Circle. The Church claims that…
Long Island Land Use and Zoning
Appellate Division Rules That Town’s Consulting Fees Are Unnecessary In Connection with Review of Special Use Permit and Area Variance Applications
The Appellate Division, Second Department, issued a decision on October 10, 2018, which rejected a town’s attempt to saddle an applicant with over $17,000 in consulting fees supposedly incurred by…
California Land Use & Development Law Report
Applicant Challenging Denial of Use Permit Must Prove It Is Legally Entitled to Permit
In an unsurprising decision, the Second District Court of Appeal upheld Ventura County’s decision to a deny a use permit that would allow tigers to be kept on property located…
Long Island Land Use and Zoning
Appellate Court Invalidates Condition Imposing Durational Limit on Special Permit
Under New York State law, zoning boards and planning boards are authorized to impose reasonable and appropriate conditions and restrictions on the grant of a variance or special permit, provided…
Environmental and Climate
First Appellate District Upholds Use of Subsequent Mitigated Negative Declaration for Revisions to Use Permit for Religious Facility, Rejects Claim of General Plan Inconsistency
On August 31, the First Appellate District issued its decision in Coastal Hills Rural Preservation v. County of Sonoma, which centered on the applicable standards and appropriateness of proceeding on…
Long Island Land Use and Zoning
Village Says Yes To Special Use But No To Special Exception For The Same Residence
A recent appellate court case, Matter of Lazarus v Board of Trustees of the Village of Malverne, 31 NYS3d 207 [2d Dept 2016], involves the approval of a special use…