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8 Nov 2023, 11:18 am by Patricia Salkin
Raymond, as Trustee of J&R Realty Trust (the “Plaintiff”), appealed an order of the Superior Court (the “trial court”) that affirmed a decision of the Zoning Board of Adjustment (the “ZBA”) for the Town of Plaistow (the “Town”) which denied the Plaintiff’s variance request and upheld the zoning determination of the Town’s Building Inspector (the “BI”). [read post]
7 Nov 2023, 4:39 pm by Patricia Salkin
The Appellate Division, Second Department, upheld the lower court’s ruling, explaining that judicial review of a zoning board of appeals pursuant to Art. 78 is limited to “ascertaining whether the action was illegal, arbitrary and capricious or an abuse of discretion. [read post]
7 Nov 2023, 8:37 am by Arthur F. Coon
  On Cal-Am’s appeal, the Court held the trial court erred in finding the County’s statement of overriding considerations prejudicially inadequate for not addressing the uncertainty created by the City of Marina’s (“City”) denial of a coastal development permit (“CDP”) – later granted with conditions by the Coastal Commission on appeal – for the drilling of intake wells in coastal zone aquifers to supply the plant. [read post]
6 Nov 2023, 11:41 am by Joe Mullin
If it passes, the Patent Trial and Appeal Board will presume that the patent claims are valid unless the challengers carry a heavy burden to show otherwise. [read post]
3 Nov 2023, 4:00 am by Jim Sedor
Supreme Court review than that of any other among the dozen regional appeals courts, which operate one step below the high court. [read post]
30 Oct 2023, 8:07 am by Bilodeau Capalbo, LLC
Therefore, the court found substantial evidence to support the zoning board’s conclusion that the owner alleged a hardship sufficient to grant a variance. [read post]
27 Oct 2023, 12:30 pm by John Ross
The trial court strikes down the 300-foot election-day buffer, but upholds the absentee buffer zone. [read post]
25 Oct 2023, 12:26 pm by Patricia Salkin
Code Sec. 6-641.07 merely provided for an appeal of BZA decisions limited to complete applications and reserved within the Board to not accept incomplete applications. [read post]
19 Oct 2023, 8:19 am by Patricia Salkin
The Respondents appealed the Town Planning Board’s decision to the New Hampshire Housing Appeals Board (the “HAB”), which was created by the New Hampshire Legislature in 2020 to provide a swifter and more economically feasible alternative to litigation for residents to appeal local rulings about housing developments. [read post]
9 Oct 2023, 6:15 pm by Patricia Salkin
The court rejected this argument, pointing out that the South Carolina Code explicitly allows for appeals to the Board of Zoning Appeals (BZA) in such cases. [read post]
8 Oct 2023, 8:02 pm by Patricia Salkin
The Pinellas County Board of Adjustment and Appeals (the “Board”) conducted a public hearing where it heard Vertex’s application. [read post]
6 Oct 2023, 12:15 pm by Andy Taylor
Procedural Background: Rather than appeal to the board of zoning adjustment (BOA), Frankhouse went straight to circuit court. [read post]