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Documents on Zoning, Planning & Land Use
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|Appeal of Zoning Board Variance Requires Posting of Bond to Proceed|
Rudolph Friedmann LLP;
August 25, 2016, previously published on May 25, 2016In a case of first impression, the Housing Court for the City of Boston ruled that neighbors who appealed the issuance of a variance by the Zoning Board of Appeal (ZBA) must post a $20,000 bond or the case will be dismissed.
|Court of Appeals Upholds Municipal Stormwater Permitting Process|
Margaret M. Witherup; Gordon Feinblatt LLC;
August 19, 2016, previously published on May 2016In a unanimous decision issued March 11, 2016, the Court of Appeals upheld the Maryland Department of the Environment’s (“MDE’s”) flexible approach to permitting stormwater discharges from municipal stormdrains in Maryland’s five most populated jurisdictions. Dept. of...
|Prince George's County Council Acts with Appellate Jurisdiction on Zoning Review; Must Defer to the Expertise of the Planning Board|
Edward J. Levin; Gordon Feinblatt LLC;
August 16, 2016, previously published on April 2016County Council of Prince George’s County, Sitting as the District Council v. Zimmer Development Company, 444 Md. 490 (2015), is a must read for anyone interested in Maryland zoning and planning procedure, and particularly for those concerned about real property located in Prince...
|Property Owners Abandoned Their Vested Right in a Permit After the Property Was Rezoned for Residential Use|
Edward J. Levin; Gordon Feinblatt LLC;
August 16, 2016, previously published on April 2016In Sizemore v. Town of Chesapeake Beach, Maryland, 225 Md.App. 631 (2005), the Court of Special Appeals held that property owners could and did abandon their vested right in a zoning permit for a restaurant on their property after the property was rezoned residential and they stopped construction...
|Colorado Governmental Immunity Act Does Not Bar Claims for Injunctive Relief from Future Injury|
Malcolm S. Mead, Adam B. Wiens; Hall & Evans, LLC;
August 10, 2016, previously published on July 2016Jessie Lipschuetz challenged the validity of a rooming and boarding permit that the City of Denver issued to Open Door Ministries. Lipschuetz, who owns property adjacent to Open Door's propert, filed claims against the City and Open Door seeking to revoke the permit. Open Door filed crossclaims...
|The Location of a Defect is No Longer the Sole Determinant of Liability Under NYC Sidewalk Law According to the New York Court of Appeals|
John O. Fronce, Leonard G. Kamlet; Abrams, Gorelick, Friedman & Jacobson, LLP;
August 10, 2016, previously published on March 9, 2016An action is commenced against two neighboring property owners whose premises abut a public sidewalk in New York City. The actual location where the plaintiff tripped and fell is on an area of the sidewalk abutting one of the defendant's property, and not the other. The non-abutting owner claims...
|Orange County Adopts Increased School Impact Fees With Two-Tier Implementation|
Miranda F. Fitzgerald; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
June 21, 2016, previously published on May 18, 2016On May 10, 2016, the Orange County Board of County Commissioners voted to substantially increase School Impact Fees throughout the County, including all of the municipalities. The new rates will take effect in two steps: one-half of the increase to take effect on October 1, 2016 and the full amount...
|Lenders and Borrowers Should Clearly Spell Out Extent of Liability Under Limited Guaranty|
Lawrence G. Lerman; Lerch, Early & Brewer, Chartered;
June 20, 2016, previously published on May 26, 2016On occasion, a lender will agree to limit a guarantor’s liability under its guaranty to a fixed dollar amount that is less than the entire loan amount. In such a case, for example, the term sheet or loan commitment may provide that in connection with a $5 million loan the guarantor's...
|Montgomery County’s New Building Energy Use Benchmarking Law Goes Into Effect June 1|
Patricia A. Harris; Lerch, Early & Brewer, Chartered;
June 20, 2016, previously published on May 26, 2016Starting on June 1, property owners of buildings 250,000 square feet or greater in Montgomery County are subject to the county's Building Energy Use Benchmarking Law.
|Property Owners Face Higher Taxes in Montgomery County|
Cindi E. Cohen; Lerch, Early & Brewer, Chartered;
June 20, 2016, previously published on May 26, 2016The Montgomery County Council and the Maryland State Legislature both passed legislation that will result in higher taxes associated with the ownership and transfer of real property in Montgomery County.