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Municipal Silence Leads to Successful Fair Housing Act Claim
What inferences can be drawn from the silence of municipal officials who vote to reject a request to rezone property to provide housing for the disabled? In Step By Step, Inc. v. City of Ogdensburg, a federal district court inferred discriminatory intent, and ordered the City Council to approve the rezoning request.
The Facts
Step by Step (SBS) bought a former elementary school located in a district zoned for single-family residences. SBS planned to redevelop the site into a facility providing rental office space, in addition to supportive housing and mental health support services for mentally ill patients. Approval of the project would require an amendment of the zoning map to create a Planned Development District (PDD) on the site. The City Code sets forth a number of criteria for evaluating a proposed PDD, including but not limited to consistency with the comprehensive development plan, protection of established uses, adequacy of roads, water supply, and sewage disposal.
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Major Differences In UK, U.S. Copyright Laws
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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 Article 8 Opt In
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?