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New Jersey Issues Regulations Governing the Conduct of Remote Public Meetings, Effective Immediately
9 Oct 2020, 6:10 am by Howard D. Geneslaw
Following the adoption of this emergency legislation, the DCA issued interim guidance to specifically assist planning boards and zoning boards of adjustment with conducting remote public hearings on applications for development. [read post]
Real Property & Environmental Law Alert - http://www.rpelawalert.com/
FL Appeals Court Finds Successful Assertion of Federal Jurisdiction was not Necessary for State Law Claims to be Tolled in Case Involving Toucan Farmers
23 Oct 2018, 3:58 pm by Patricia Salkin
Following a public hearing, the Board of Zoning Adjustment (“BZA”) found that the Foleys were in violation of the Code and the Board of County Commissioners (“BCC”) affirmed that decision. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
ND Supreme Court Holds Neighbors were Not Statutorily Authorized to Appeal the City Council’s Variance Decision
24 Oct 2016, 6:33 pm by Patricia Salkin
§ 40–47–08, an appeal from an order by an administrative official to the board of adjustment “may be taken by any person aggrieved or by any officer, department, board, or bureau of the city” within the time prescribed by board rule by filing a notice of appeal specifying the grounds for appeal with the officer from whom the appeal is taken and with the board of adjustment. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
[Sasha Volokh] Can Universities Control the Operation of Municipal Zoning Ordinances?
23 Sep 2021, 1:09 pm by Sasha Volokh
City of Bloomington Board of Zoning Appeals (No. 21-113). [read post]
The Volokh Conspiracy - http://www.volokh.com/
9th Circuit Court of Appeals Finds Chapel Failed to Show a Substantial Burden on Its Religious Exercise within the Meaning of RLUIPA
15 Jan 2016, 9:46 pm by Patricia Salkin
” The Pima County Board of Adjustment affirmed. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
NJ Appellate Court Finds No Conflict of Interest for Professional Planner Over Parking Lot Battle Where Planner Worked on Master Plan Amendments and Later Provided Advice to the Board
10 Jan 2021, 6:38 am by Patricia Salkin
Zoning Bd. of Adjustment of Chatham, (Super. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
NJ Appeals Court Holds that While Cemetery is Allowable Nonconforming Use, Proposed Crematorium on the Site is an Accessory Use that Requires Variance
15 Nov 2021, 8:03 pm by Patricia Salkin
It was determined a pre-existing non-conforming use existed in this case, but a crematorium is an accessory use that the Zoning Board of Adjustment has exclusive jurisdiction over. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
NJ Appeals Court Reverses Holding that Submitted Materials for Site Plan Approval Constituted an Application for Development
7 Mar 2017, 3:08 am by Patricia Salkin
Zoning Board of Adjustment of the Township of Franklin, 2017 WL 586506 (NJ App. 2/14/2017)Filed under: Current Caselaw, Site Plan Review, Uncategorized [read post]
Law of the Land - http://lawoftheland.wordpress.com/
Areas for Enhanced Board Focus
10 Feb 2009, 10:28 am
Remembering that "best practices" provide a zone of comfort with respect to avoiding director liability, we set forth below ten areas for the board to enhance its focus in 2009 in light of the current environment. [read post]
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
WY Supreme Court Holds Second Application For A Special Exception To Operate A Bed and Breakfast In A Residential Area Was Not Barred By Res Judicata Nor Collateral Estoppel
6 Jun 2014, 8:19 am by Patricia Salkin
Tarver v City of Sheridan Board of Adjustment, 2014 WL 2535251 (WY 6/5/2014) The decision can be accessed at: http://www.courts.state.wy.us/Documents/Opinions/2014WY71.pdfFiled under: Current Caselaw, Res Judicata [read post]
Law of the Land - http://lawoftheland.wordpress.com/
Utah Residents Protest Sex Offender Rehab Center
10 Oct 2008, 1:16 am
The company appealed to the board of adjustments, which agreed there was merit to a complaint about how the decision was made. [read post]
Sex Crimes - http://sexcrimes.typepad.com/sex_crimes/
D.C. Ct. App. Upholds in Part and Remands in Part BZA’s Grant of Area Variance 
24 Aug 2022, 9:35 am by Patricia Salkin
  Roth v District of Columbia Board of Zoning Adjustment, 2022 WL 3269777 (DC App. 8/11/2022) [read post]
Law of the Land - https://lawoftheland.wordpress.com/
Fed. Dist. Court in NJ Denies Church’s Motions for Injunctive Relief Following Denial of Site Plan Application
13 May 2016, 6:18 pm by Patricia Salkin
The Zoning Board of Adjustment unanimously denied the application. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
IA Supreme Court Vacates $200 Per Diem Penalty following District Court’s Rejection of a Federal Preemption Claim Arising From No-Hazard Determination by the Federal Aviation Administration
12 Jul 2019, 3:07 am by Patricia Salkin
While the nuisance action was pending, the Danners applied to the Carroll County Board of Adjustment for a variance from the airport zoning height restrictions. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
RLUIPA Suits Settled-- Shabbos House OK'd; Prayer Breakfast Will Move
18 Jun 2010, 4:00 am by Howard Friedman
The city's Board of Adjustment had agreed with neighbors that the church was operating a charity dining hall in violation of residential zoning restrictions by holding its weekly service that offered an egg, pancake and bacon breakfast along with song and prayer. [read post]
Religion Clause - http://religionclause.blogspot.com/
Nebraska Supreme Court Upholds Abandonment of Nonconforming Use and Denies Taking Claim
13 May 2014, 5:20 am by Patricia Salkin
Further, the City of Norfolk Board of Adjustment (“ Board”) lacked authority under Neb.Rev.Stat. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
MO Appeals Court Holds Court Below Erred in Affirming BZA’s Determination that Corporation Was Not Entitled to Thirty-Day Cure Period Prior to Finding Nonconforming Outdoor Advertising Sign Abandoned
21 Apr 2016, 7:29 am by Patricia Salkin
Kansas City Board of Zoning Adjustment, 2016 WL 1442382 (MO. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
LA Appeals Court Finds Denial of Variance to Allow Three-Foot Setback for Home, Rather than Required 17–Foot–Four–Inch Setback, was Not Arbitrary or Capricious
22 Mar 2016, 7:12 pm by Patricia Salkin
Antunez v City of New Orleans Board of Zoning Adjustments, 2016 WL 756695 (2/24/2016)  Filed under: Current Caselaw, Variances [read post]
Law of the Land - http://lawoftheland.wordpress.com/
Some Thoughts for Boards of Directors in 2010
22 Dec 2009, 6:01 am by Steven Rosenblum, Wachtell, Lipton, Rosen & Katz,
The memorandum also sets forth some practical considerations for boards to bear in mind, including the role and duties of the board, the composition and structure of the board, board committees and procedures, the board’s duties in the zone of insolvency, and principles governing director liability. [read post]
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
11th Circuit Court of Appeals Dismissed Takings and Due Process Claims Arising from Zoning Officer’s Determination that Owners Would Need a Special Exception in Order to Continue as a Poultry Farm
23 Oct 2016, 6:25 pm by Patricia Salkin
Furthermore, to the extent that the determination burdened some cognizable right related to the Ethertons’ contract with the Joneses, the Ethertons could have sought a remedy by challenging Officer Gibson’s determination before the Zoning Board of Adjustment. [read post]
Law of the Land - http://lawoftheland.wordpress.com/