Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
When does a neighboring landowner have standing to bring a private action to enjoin a zoning violation? That question reaches the New York courts with some frequency, and although the recent trend is to liberalize standing requirements, the answer is not entirely free from uncertainty. The Second Department was faced with one aspect of the issue most recently in Greens at Half Hollow Home Owners Association, Inc. v. Greens Golf Club LLC, where the court upheld neighbor standing.
Town Law Section 268(2)
In Greens at Half Hollow, the Second Department relied on Town Law section 268(2) to hold that a neighboring homeowner association had standing to enforce a zoning restriction that required a developer to maintain community facility buildings for the exclusive use of residents of the district and their guests. Section 268(2) explicitly authorizes any three taxpayers “who are jointly or severally aggrieved by” a zoning violation to bring an action to enjoin the violation if a resident taxpayer asks municipal officials to take action and those officials fail or refuse to take appropriate action for a period of 10 days. Section 268 is not, however, a panacea for landowners seeking to enjoin a perceived zoning violation.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
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.
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.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?