NY Court of Appeals Affirms Approval of Subsurface Wastewater Sewerage System Finds Local Government Complies with SEQRA and Local Zoning Codification Laws

This post was written by Tyler Doan, Esq. The plaintiff appealed against the decision of ZBA city, city council, and related defendants opposing dismissal by ZBA for a challenge to the zoning officer’s determination that the proposed subsurface sewage system is a permissible use of non-residential accessories that can be placed in split lots (one […]

Continue Reading

NY Court of Appeals Upholds City Condemnation

The Petitioner contested the determination of Kota Tonawanda (City) which has the authority to condemn the Petitioner’s property after going through an open trial. The property, which sits along the Niagara River, includes a coal-fired power station that was decommissioned in 2016 and a water intake building. The applicant starts process No. 1 by stating […]

Continue Reading

The Sixth Circuit Court of Appeals Holds Legislative Requirements Subject to Nexus-And-Proportionality Requirements

This post was written by Robert Thomas, Esq. and originally appeared on the InverseCondemnation Blog and reposted with permission. See, https://www.inversecondemnation.com/inversecondemnation/2023/05/ca6-legislative-conditions-are-subject-to-nexus-and-proportionality-requirements.html 6th Circuit Court of Appeals in Knight v. Metro. Nashville Government, No. 21-6179 (May 10, 2023) states that the requirements imposed on any development — and not just administrative requirements imposed on an ad […]

Continue Reading