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Local Ordinance Nonconforming Use

Houston Harbaugh, P.C.

Commonwealth Court Sends Drilling Waste Injection Well Case Back to Zoning Hearing Board

Houston Harbaugh, P.C. on

In Plum Borough v. Zoning Hearing Board of the Borough of Plum,____ A.3d ____ , No. 1198 CD 2022 (Pa. Commw. Ct. Jan. 29, 2024), the Pennsylvania Commonwealth Court vacated the grant of a special exception to Penneco...more

Farrell Fritz, P.C.

Village of East Hampton Law Prohibiting Special Events at Hedges Inn Struck Down for Failure to Comply with NYS Village Law §7-702

Farrell Fritz, P.C. on

The Hedges Inn (Hedges Inn) is a pre-existing, nonconforming, historic inn with 14 rooms and a restaurant at 74 James Lane in the Village of East Hampton (Village) in the R160 Residence District. In February 2018, Hedges Inn...more

Pierce Atwood LLP

Not Your Grandfather’s Nonconforming Structure: Mass. Appeals Court Clarifies Deadrick Decision, Discusses Difference Between...

Pierce Atwood LLP on

In perhaps a sign of the linguistic times, Appeals Court Justice James R. Milkey’s opinion in the case of Comstock v. Zoning Board of Appeals of Gloucester received more media coverage for certain racial history commentary...more

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

Farrell Fritz, P.C. on

The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more

Farrell Fritz, P.C.

Nonconforming Uses – Don’t Abandon Them

Farrell Fritz, P.C. on

Legal pre-existing nonconforming uses (aka grandfathered uses) have a tenuous existence in New York.  Although protected by vested property rights in the Constitution, many local zoning ordinances seek to eliminate these...more

Perkins Coie

Permit Amendment Unlawfully Expanded Nonconforming Use

Perkins Coie on

A municipality’s approval of a permit amendment allowing a quarry to import asphalt for recycling improperly expanded the quarry’s nonconforming use, the First District Court of Appeal ruled in Point San Pedro Road Coalition...more

Womble Bond Dickinson

Grandfathering and Continuing Nonconformities in North Carolina

Womble Bond Dickinson on

Last time, we introduced you to the concept of nonconformity laws in North Carolina. This time, we’ll spend some energy discussing the most common (and legally charged) aspect of nonconformity laws: how local laws restrict...more

Womble Bond Dickinson

A Primer on Zoning Nonconformities in North Carolina

Womble Bond Dickinson on

Zoning laws, like any other laws, can change from time to time. What happens if your structure, lot, or use is permitted under an existing law, but the law changes in a way that your structure, lot, or use is suddenly no...more

Best Best & Krieger LLP

Billboard Regulations: Cities and Counties

Best Best & Krieger LLP on

No State Preemption of Local Billboard Regulations, California Appellate Court Finds - The Outdoor Advertising Act does not preempt local regulation of billboards, a California appellate court has ruled. In a decision...more

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