News & Analysis as of

Real Estate Development Due Process

Marshall Dennehey

Failure to Provide Reasonable Notice and Opportunity to Be Heard Rendered Trial Court’s Involuntary Dismissal of Plaintiff’s Suit...

Marshall Dennehey on

Babcock New Haven, LLC v. Vaheed Teimouri and Teimouri & Associates, Fla. 5th DCA, 5D2023-1525, May 3, 2024 - This appeal followed a trial court’s entry of a final order dismissing Babcock New Haven, LLC’s lawsuit for failure...more

Seyfarth Shaw LLP

Appeals Court Reinstates Legal Challenge to Local Law 97 Governing Emissions of Greenhouse Gases by Big Buildings in New York City

Seyfarth Shaw LLP on

In April 2019, the New York City Council passed Local Law 97 (“LL 97”) as part of the Climate Mobilization Act. LL 97 imposes strict restrictions on greenhouse gas emissions for buildings 25,000 square feet or larger and...more

Farrell Fritz, P.C.

Fourth Department Frenzy: Reversionary Zoning, Sewer Agreements, Site Plan Review, and Constitutional Rights

Farrell Fritz, P.C. on

In Riedman Acquisitions, LLC v Town Bd. of Town of Mendon, 194 AD3d 1444, 2021 NY Slip Op 02952 [4th Dept 2021], the Appellate Division, Fourth Department, addressed several significant issues concerning land development...more

Holland & Knight LLP

Court of Appeal Enforces Permit Streamlining Act in California Coastal Zone

Holland & Knight LLP on

In Linovitz Capo Shores LLC v. Calif. Coastal Commission (Linovitz Capo), California's Fourth District Court of Appeal applied and reconciled three different statutes. The first, the California Mobilehome Parks Act...more

Eversheds Sutherland (US) LLP

Happy New Year! New York Court strikes down retroactive decertification of a tax credit

On December 26, 2019, in Matter of Mackenzie Hughes LLP v. New York State Tax Appeals Tribunal, the New York Supreme Court, Appellate Division, held that New York’s retroactive decertification of Qualified Empire Zone...more

Perkins Coie

CEQA Project Baseline Should Not Have Been Set Prior to Demolition of Historic Structure

Perkins Coie on

The Fourth District Court of Appeal held that the project baseline under CEQA for construction of a new home did not include demolition of a potential historic structure that had occurred before submittal of a permit...more

Goulston & Storrs PC

Real Litigation - Maroney, et al. v. Fiorentini, et al.

Goulston & Storrs PC on

In Maroney, et al. v. Fiorentini, et al., U.S. Dist. Ct., No. 1:16-cv-11575-DLC (D. Mass. Dec., 2017), Magistrate Judge Cabell in the United States District Court of Massachusetts partially denied a motion brought by...more

Womble Bond Dickinson

N.C. Court of Appeals Affirms Local Government Board's Recusal of One of Its Own Members In Quasi-Judicial Proceeding

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A quasi-judicial land use proceeding requires an impartial decisionmaker, like any courtroom proceeding. State law does its best to spell out what constitutes an "impermissible violation[] of due process"...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending September 23 & 30, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more

Womble Bond Dickinson

A Distinction without a Difference

Womble Bond Dickinson on

On April 8, 2016, we posted a blog regarding the case of Quality Built Homes, Inc. v. Town of Carthage, ___N.C. App. ___, 766 S.E. 2d 897 (2015)(unpublished). In this case, the Court of Appeals had held that the Town of...more

Womble Bond Dickinson

What is Done is Done – and Cannot be Undone

Womble Bond Dickinson on

Lady Macbeth tells her troubled husband, “What is done is done” and later says to herself “and cannot be undone.” This is the outcome in Hillcrest Property, LLP v. Pasco County, 754 F. 3d 1279 (11th Cir 2014) and apparently...more

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