News & Analysis as of

Nonconforming Use Zoning Laws

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

Bennett Jones LLP

Bill 48 Proposes to Create Single Land and Property Rights Tribunal in Alberta

Bennett Jones LLP on

A key goal of Alberta's Recovery Plan is to create jobs and drive Alberta's economy forward. In this regard, the Government of Alberta has implemented several measures in an effort to reduce the red tape associated with...more

Pierce Atwood LLP

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

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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.

Landowner’s Intent to Mine Property Sufficient to Establish Nonconforming Use

Farrell Fritz, P.C. on

In a recent decision, Matter of Red Wing Properties, Inc. v. Town of Rhinebeck, et al., the Second Department held that a landowner’s intent to continue using its property for mining operations established a valid...more

Farrell Fritz, P.C.

Second Department Reminds: a Use Cannot Be Legally Nonconforming If It Was Never Legal to Begin With

Farrell Fritz, P.C. on

When determining whether a use is legally nonconforming for zoning purposes, the key consideration is whether the use was legal prior to the zoning restriction prohibiting it. A use cannot become legally nonconforming if it...more

Farrell Fritz, P.C.

Big Changes in the Village of Westbury: Zoning Amendment Sows the Seeds for New Transit-Oriented Development

Farrell Fritz, P.C. on

On December 5, 2019, the Village of Westbury Board of Trustees adopted legislation creating the Maple Union Transit-Oriented Development District (or “Maple Union TOD”)....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

K&L Gates LLP

Upgrading The Pre-existing Nonconforming Use: Subtleties and Land Mines

K&L Gates LLP on

Upgrading a pre-existing nonconforming use in New Jersey involves myriad issues, and resolving them is a bit like navigating between Scylla and Charybdis. Originally published in New Jersey Law Journal....more

Miller Starr Regalia

Court Rules That Extending Permit for Quarry Operation Was an Impermissible Extension, Enlargement, or Intensification of a...

Miller Starr Regalia on

On April 3, 2019, in a case originally filed March 6, 2019, the First District Court of Appeal certified for publication Point San Pedro Road Coalition v. County of Marin, __ Cal.App.5th __ (Case No. A150002) (2019), an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Landfill/Nonconforming Use: Minnesota Appellate Court Addresses Ability of Purchaser to Continue Operation

The Court of Appeals of Minnesota (“Court”) addressed in a March 4th opinion a landowner’s ability to continue a prior nonconforming use limited to the uses allowed under the terms of the land-use permit in effect at the time...more

Farrell Fritz, P.C.

Remediation of Petroleum Spills Amount to Continuation of Nonconforming Use

Farrell Fritz, P.C. on

In Matter of HV Donuts, LLC v. Town of LaGrange Zoning Board of Appeals, the Second Department recently held that a property owner’s nonconforming use rights continue despite a temporary business interruption caused by a fuel...more

Dentons

Nonconforming Use Bill Introduced

Dentons on

HSB 100/SSB 1141 was recently introduced to protect the property rights of real estate owners, including manufactured housing communities. Specifically, this bill prohibits a city or county from enforcing any ordinance or...more

Stoel Rives -  Ahead of Schedule

Establishing a Legal Nonconforming Use

The key to a legal nonconforming use is establishing that the use previously existed legally. The Utah Court of Appeals recently reiterated this statutory requirement in LJ Mascaro v. Herriman City, 2018 UT App 127, where it...more

Pierce Atwood LLP

Trustee Of Realty Trust Saved From Application Of Merger Doctrine (At Least For Now)

Pierce Atwood LLP on

The merger doctrine is alive and well in Massachusetts zoning law. In its recent decision in Kneer v. Zoning Board of Appeals of Norfolk, the Appeals Court examined whether the doctrine applies to property owned by a realty...more

Farrell Fritz, P.C.

Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level

Farrell Fritz, P.C. on

The Breakers Motel has been a fixture in Montauk since the 1950’s. Situate at 769 Old Montauk Highway, Montauk New York, the motel has 26 units, a pool and restaurant and is located across the street from the ocean....more

Fox Rothschild LLP

Special Exception

Fox Rothschild LLP on

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 Hearing Board of Cross Roads,...more

Farrell Fritz, P.C.

An Update on Sand Mining in the Hamptons: NYS DEC Procedurally Halts the DEC Processing of Sandland’s Mining Permit

Farrell Fritz, P.C. on

In April of 2016 we published the blog entitled “Mining in the Hamptons: Appellate Division Affirms Town of Southampton Zoning Board of Appeals Limitations on Pre-existing Nonconforming Uses Associated with Hamptons Mining...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

Farrell Fritz, P.C.

New York Supreme Court Upholds Riverhead Town ZBA Determination Affirming Pre-existing Nonconforming Marina, Commercial Oyster...

Farrell Fritz, P.C. on

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...more

Goulston & Storrs PC

Appeals Court Confirms That a Government Building Has the Status of a Pre-Existing Nonconforming Structure When Transferred to a...

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In Gund, et al. v. Planning Board of Cambridge, et al., No. 15-P-1339 (Mass. App. Ct. July 19, 2017), neighbors of the former Sullivan Courthouse in Cambridge challenged special permits granted by the Cambridge Planning Board...more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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 court decision and reinstated a decision of the Zoning...more

Best Best & Krieger LLP

Billboard Regulations: Cities and Counties

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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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