Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech
A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness. Initially, there was also a claim of violation of the Religious Land Use and Institutionalized Persons Act (42 USC §2000cc et. seq.) which was abandoned during the course of the litigation. The New York Court of Appeals in Town of Delaware v. Leifer, ___ NY3d ___ (2019), found there was no violation of the right to free speech and the law was not void for vagueness.
The property in question is a 68 acre site containing a single family home. In 2016 the landowner sought, for the third year, to hold a three-day music festival and camping on his site to celebrate the Jewish Sabbath (called the Camping Trip). Tickets were sold and attendees would camp out on the property from Friday through Sunday, The activities would include music, religious ceremonies on Saturday (the Jewish Sabbath), food trucks and portable toilets for the attendees.
Upon learning of the intention to hold the festival again in 2016, the Town commenced an action to enjoin the festival, claiming that it violated local zoning. A "theater" is a permitted use in other zoning districts but not the rural district in which the property is located. The Town claimed the proposed activities constituted the use as a theater and if the property owner wished to conduct that use he should seek a variance or zoning amendment. The parties entered into a stipulation permitting the proposed festival to be conducted, with certain restrictions, in 2016, with the Town reserving its right to object to future events.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
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
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
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.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.