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By Wesley O'Brien and Nick Williams | February 1, 2023
While policymakers are considering potential strategies to boost housing production through the conversion of vacant offices, there are existing New York City zoning regulations that create opportunities to reposition certain older commercial and manufacturing buildings for residential use.
8 minute read
By Anthony S. Guardino | January 24, 2023
Applications by wireless service providers to construct cell towers, and opposition to those applications, are governed by the Telecommunications Act of 1996 and by zoning and land use laws as provided in that law. This column discusses the principal governing law, recent FCC guidance, and notable court decisions in this area to provide a roadmap both for those seeking to install cell towers and those wanting to make sure that all rules are followed.
9 minute read
By Adolfo Pesquera | January 13, 2023
"You see the strong amicus presence," said Jennifer Caughey of Jackson Walker.
4 minute read
By Alan Nochumson and Alex Goldberg | January 9, 2023
In this article, we highlight some of the most important changes to land use and zoning law in Philadelphia in the year 2022.
7 minute read
By Neil Weisbard | January 5, 2023
The Zoning Resolution regulates the amount of floor area (a.k.a., "development rights") that can be developed on such individual zoning lot by multiplying the lot area of the zoning lot, times the maximum permitted floor area ratio (FAR) for the zoning district underlying the zoning lot.
6 minute read
By Allison Dunn | December 28, 2022
"We believe that notwithstanding the instruction that the jury did not receive from the trial judge, we expect that the jury will be able with the new instruction to find that a reasonable use of the golf course was not being made by the golf course owner and the course's unreasonable use has caused a significant amount of golf balls to strike their home, cause significant property damages, and substantial mental anguish," said the plaintiffs' attorney, Robert W. Galvin of Galvin & Galvin.
4 minute read
By Harlan S. Stone and Anna S. Jewart | December 22, 2022
These MPC mandated procedures require municipalities to obtain recommendations from their local planning bodies, submit proposed zoning ordinances and amendments to the relevant county planning agency, and to hold public hearings to solicit public comment.
7 minute read
By Scott Mollen | December 20, 2022
This week, Scott Mollen discusses "Consulting SS Inc. v. McKellar," where the court held that illegal units are still subject to rent stabilization, "96 Springs, LLC v. Chefs Club NY, Inc.," where the doctrine of impossibility did not excuse a restaurant tenant's performance under lease and "East Pine Apartments, LLC v. Village of Cambridge" where an Article 78 proceeding challenging the revocation of a special use permit survived dismissal.
15 minute read
By Anthony S. Guardino | November 22, 2022
Recent opinions by the Advisory Committee on Judicial Ethics shed light on when judges must, or need not, recuse themselves in matters directly or indirectly involving zoning and land use issues.
9 minute read
By Neil Weisbard | November 15, 2022
The Zoning Resolution, with its accompanying 126 Zoning Maps, is a voluminous yet concise organic document, amended continually since its adoption on Dec. 15, 1961, and it has intrigued me ever since I first laid eyes on it.
8 minute read
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