Saturday, 21 of October of 2017

Article on Falling in Love

Source: Article on Falling in Love


United States Supreme Court Rejects Taking Claim and Upholds Lot Merger Regulation

Editor’s Note: Special thanks to attorney Edward J. Sullivan for contributing this case summary. Murr v. Wisconsin, U.S. Supreme Court No. 15-214 (June 23, 2017) was the review of a trial court grant of summary judgment to Defendant in a “regulatory takings” case. Plaintiffs had separately acquired two adjacent parcels from family members or entities […]

Source: United States Supreme Court Rejects Taking Claim and Upholds Lot Merger Regulation


At Nursing Homes, Cuts to Medicaid Would Hit Even Upper Middle Class

Source: At Nursing Homes, Cuts to Medicaid Would Hit Even Upper Middle Class


New Blog Series on Teaching Land Use Law

The Land Use Law Professor Blog is featuring a weekly conversation on teaching land use law based on the new edition of Land Use and Sustainable Development Law, 9th ed by Nolon, Salkin, Miller and Rosenbloom. The first three posts address the law of nuisance as a foundation and segue to zoning: See, http://lawprofessors.typepad.com/land_use/2017/06/patricia-salkin-on-contemporary-issues-in-teaching-land-use-question-1-teaching-the-crossroads-where.html http://lawprofessors.typepad.com/land_use/2017/06/contemporary-issues-in-teaching-land-use-question-1-teaching-the-crossroads-where-nuisance-zoning-me.html […]

Source: New Blog Series on Teaching Land Use Law


Property without Personhood

Source: Property without Personhood


CT Appeals Court Dismisses Due Process and Takings Claims for Failure to Exhaust Administrative Remedies

Plaintiff, Enrico Mangiafico, alleged that municipal defendants, the Town of Farmington and five individuals sued in their official capacities, violated his due process rights, constituted an unconstitutional taking of his property, and inflicted severe emotional distress by: placing his residential property on the town’s blight list, issuing citations for blight violations, imposing daily fines for […]

Source: CT Appeals Court Dismisses Due Process and Takings Claims for Failure to Exhaust Administrative Remedies


A Raging Battle over Kohl’s Legacy

Source: A Raging Battle over Kohl’s Legacy


Fed. Dist. Court in IL Finds Developer Failed to Allege Ordinance Effected Per Se or Regulatory Taking of Its Property

Plaintiff Hoyne Development LLC, a real estate developer, purchased commercial property seeking to re-zoning and develop the property for residential use. Hoyne got the property re-zoned, but as a condition of obtaining building permits, the City of Chicago demanded that Hoyne comply with its Affordable Requirements Ordinance (“ARO”), a measure to increase the availability of […]

Source: Fed. Dist. Court in IL Finds Developer Failed to Allege Ordinance Effected Per Se or Regulatory Taking of Its Property


Father Mistakenly Told His Son is Dead

Source: Father Mistakenly Told His Son is Dead


NY Appellate Court Finds Portion of Subject Building was not Subject to Regulation under New York City Zoning Resolution

In 2014, the Department of Buildings of the City of New York (“DOB”) found that, pursuant to New York City Zoning Resolution (“ ZR”) § 113–11, the maximum permitted floor-to-area ratio for the portion of the subject building located in a C4–2 zoning district was governed by ZR Article II, Chapter 3, and that it […]

Source: NY Appellate Court Finds Portion of Subject Building was not Subject to Regulation under New York City Zoning Resolution