MA Land Court Upholds Planning Board’s Denial of Allowing Increased Density...
Eastern Management & Development (“EMD”, the plaintiff appealed the decision of the Franklin Planning Board, which denied EMD “a special permit to add nine additional dwelling units to a...
View ArticleCA Appeals Court Holds No Evidence Suggested a Less Dense Eldercare Facility...
In this case, the zoning administrator for the City of Los Angeles approved a permit for an eldercare facility that exceeded the building square footage and number of guest rooms allowed under zoning...
View ArticleNJ Appeals Court Upholds Variance and Site Plan For Assisted Living Facility
Defendant 175 Paramus Road Real Estate, L.L.C., filed an application for variances and site plan approval with defendant Board of Adjustment of Paramus. The application was for a three-story...
View ArticleCA Appeals Court Holds No Evidence Suggested a Less Dense Eldercare Facility...
In this case, the zoning administrator for the City of Los Angeles approved a permit for an eldercare facility that exceeded the building square footage and number of guest rooms allowed under zoning...
View ArticleCA Court of Appeal Finds Commission’s Negative “Benefit And Burden” Findings...
On June 18, 2010, appellant applied for a permit to build an eldercare facility on the property pursuant to section 14.3.1, which encompasses the approval of such facilities in an RA–1–K zone....
View ArticleNY Appellate Finds Town Law Provision Governing Taxpayer Enforcement of...
In 1999, SBJ Associates, LLC, purchased a 382–acre parcel of property in the Town of Huntington and submitted to the Town Board of the Town of Huntington a “proposed master plan” for a residential...
View ArticleND Supreme Court Holds Assisted Living Facility was Properly Determined to...
Editor’s Note: The following is reposted from the Midwest Planning BLUZ blog –...
View ArticlePA Appeals Court Reverses Holding that Developer’s Sketch Plan was Required...
In this case, 1050 Ashbourne Associates, LLC (Developer) appealed an order of the Court of Common Pleas of Montgomery County, which affirmed the decision of the Cheltenham Township Board of...
View ArticleIL Appeals Court Refuses to Order Village to Block Senior Housing Project
This post was authored by Amy Lavine, Esq. In an Illinois decision from 2018, Cedarhurst of Bethalto Real Estate, LLC v. Village of Bethalto, the court dismissed claims seeking to compel a village to...
View ArticleNY Appellate Court Dismisses Claims Related to Settlement Agreement and...
This post was authored by Amy Lavine, Esq. A case decided in January by the Second Department of the New York State Appellate Division addressed several claims arising from a settlement agreement...
View ArticleWI Appeals Court Dismisses Homeowners’ Claims Challenging Rezoning for Senior...
This post was authored by Matthew Loescher, Esq. Senior Campus at Campbell Woods LLC petitioned the Village to rezone approximately eight acres of a twenty-acre parcel for construction of a senior...
View ArticleNH Supreme Court Holds Waiver Granted to Different Project Five Years Earlier...
This post was authored by Tracy Feldman, Jacob D. Fuchsberg Touro Law Center Property owner, who sought to construct an elderly housing facility, appealed from a denial of a requested waiver of...
View ArticleCA Appeals Court Affirms Lower Court Ruling in Favor of Project to Construct...
This post was authored by Sebastian Perez, JD The Court of Appeal, Second District, of California (the “Court”) was faced with an issue regarding the construction of an eldercare facility (the...
View ArticleNY Appellate Court Rejects Environmental Challenges to Proposed Senior...
This post was authored by Gabriella Mickel, Elisabeth S. Haub School of Law of Pace University, JD, LLM candidate 2024 The lessee of a city-owned lot, on which the city wanted to build low-income...
View ArticleD.C. Court of Appeals Upholds Special Exception for a Retirement Community
This post was authored by Gabriella Mickel, Elisabeth Haub School of Law at Pace University (JD and LLM Candidate 2004) Wisconsin Avenue Baptist Church and Sunrise Senior Living, LLC, filed a joint...
View ArticlePlanning Board Decision Reversed Where Town Planning Board Departed from Past...
This post was authored by Christina Seid, Jacob D. Fuchsberg Touro Law Center Migrela Realty Trust II and GAM Realty Trust (collectively, “Respondents”) sought to obtain approvals from the Town of...
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