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Sorting Out Vested Rights and Non-Conforming Uses
Pre-existing non-conforming use doctrine and “vested rights” doctrine are two different, but related, mechanisms for protecting landowners from the impact of a newly enacted zoning ordinance. Both are state law doctrines with constitutional underpinnings: they both operate to obviate the need for landowners to raise, and courts to consider, claims that a newly enacted ordinance works a “taking.” In Global Aggregates LLC v. Town of Yorkshire (NYLJ 2/19/2010, p. 41., col. 3), the Court of Appeals decided a case in which the landowner raised both doctrines.
The Case
Glacial was formed to engage in sand and gravel mining in Western New York. In 1996, for a total price of $250,000, Glacial purchased or acquired options on a promising 375-acre site in an area without any zoning law. Glacial then sought a permit from the New York State Department of Environmental Conservation, expending about $500,000 to create plans for the mining operation and to conduct the studies necessary to comply with SEQRA. In 1998, the town board enacted a moratorium on gravel mining, but when, in September 1999, DEC issued a five-year mining permit, the town board lifted the moratorium. Glacial then excavated 40 truckloads of gravel over a two-year period, and did some exploratory digging. Glacial did not finish a bridge or haul road required by DEC.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.