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Decided recently by Westchester Supreme Court, Mamaroneck Beach & Yacht Club, Inc. v. Fraioli raises a much litigated issue in New York: When can a municipality apply a newly enacted ordinance to a pending application by a developer?
The Court of Appeals has recognized that when an application for development rights is reviewed by municipal authorities or a court, the reviewing body must generally apply the law in effect at the time of review. Thus, if a zoning ordinance is amended while an application is under review, the amended ordinance is controlling. For example, in Matter of Alscot Investing Corp. v. Village of Rockville Centre, 64 N.Y.2d 921, the court refused to permit construction of a roof sign because, although such roof signs were allowed at the time petitioner filed his application, a subsequent zoning ordinance amendment prohibited these signs. The court held that the amended Code applied and dismissed landowner's article 78 proceeding.
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There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.