Archive for the ‘Procedural Issues’ Category
10th Circuit Court of Appeals Upholds Dismissal of Lawsuit Challenging Denial of Area Variances for a Digital Billboard on Claim Preclusion Grounds
Posted by: Patricia Salkin on November 23, 2022
NH Supreme Court Holds Waiver Granted to Different Project Five Years Earlier Did Not Apply to Subsequent Application for Elderly Housing Facility
Posted by: Patricia Salkin on November 8, 2022
NY Appellate Court Affirms Town’s Denial of Special Use Permit for Mulching Operations
Posted by: Patricia Salkin on October 30, 2022
KY Appeals Court Upholds Statutory Provision Requiring the Posting of a Bond in an Historic Preservation Related Appeal
Posted by: Patricia Salkin on October 26, 2022
AZ Court Finds that Permit Approval to Construct a Water Tank on Residential Property was Based on Substantial Evidence
Posted by: Patricia Salkin on October 13, 2022
NY Appellate Court Dismisses Challenge to ZBA’s Grant of Special Use Permit for Assisted Living Facility for Lack of Standing and Res Judicata
Posted by: Patricia Salkin on August 7, 2022
AZ Appeals Court Affirms Dismissal of Zoning Appeal Due to Failure to Comply with Procedural Requirements in the Arizona Administrative Review Act
Posted by: Patricia Salkin on July 20, 2022
RI Supreme Court Denies Mandamus Because Removing Trees From Town Right-of-Way Was Discretionary Function
Posted by: Patricia Salkin on June 14, 2022
HI Supreme Court Holds Commission Wrongfully Denied Party a Hearing and Decision on Its Petition to Intervene as a Party to Contest a Special Permit Application 
Posted by: Patricia Salkin on June 8, 2022
GA Supreme Court Holds Landowners’ Prior Mandamus Suit About Land Disturbance Permit was Not Identical to Current Suit for Res Judicata Purposes 
Posted by: Patricia Salkin on June 4, 2022
LAW OF THE LAND 