Land Use Law Report articles

Recent articles from Land Use Law Report

The landowner.(nuisances, land use law case)(Brief article)
June 14, 2006... THE LANDOWNER in Mansoldo v. State (see story, p. 82) will get another opportunity to show the application to his land of state rules governing construction in floodways took his property without just compensation, thanks to lower courts' misunderstanding of the decisional law governing...

Churches are not entitled.(land use)(Brief article)
June 14, 2006... CHURCHES ARE NOT ENTITLED to an automatic pass from local rules governing land use simply by invoking RLUIPA, the 11th U.S. Circuit Court of Appeals reminded in ruling on a Florida case earlier this month (see story, p. 83). The court held a regulation governing separation between...

The question whether.(New Jersey's strick conflict of interest regulations)(Brief article)
June 14, 2006... THE QUESTION WHETHER a zoning board member whose close relative has an "of counsel" relationship with a law firm that at one time represented a party appearing before the board had a conflict of interest was one of first impression in New Jersey, the intermediate appellate court noted in...

The myth of sisyphus.(Slants & Trends)
June 14, 2006... THE MYTH OF SISYPHUS comes to mind when contemplating the labors a landowner can be put through in trying to build a house in California, especially a house with a coastal view (see story, p. 85). In the case examined therein, the would-be homeowner pushed the stone of his design review...

Lower courts misapplied law in regulatory taking case.
June 14, 2006... The New Jersey Supreme Court has ruled a trial court and the intermediate appellate court did not properly apply the case law governing regulatory takings, in holding the property owner's damages were limited to the land's value as parkland, open space or a parking lot (Mansoldo v. State of...