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Municipality's Refusal to Permit Expansion of a Pre-Existing Nonconforming Use Doesn't Violate Constitution
Can a municipality's refusal to permit expansion of a pre-existing nonconforming use constitute a federal constitutional violation? In Morris Motel v. DeChance, 2023 WL 26829378, the federal district court for the Eastern District of New York faced that question and awarded summary judgment to the municipality, rejecting the landowner's substantive due process and takings claims.
New York zoning codes typically permit the continuation of nonconforming uses and structures in existence at the time zoning restrictions were put in place. The Town of Brookhaven's code is illustrative. Section 85-883(A) permits continuation of nonconforming uses, subject to a number of conditions. Section 85-883(B) generally allows alteration of, and even, in some circumstances, addition to nonconforming structures. Both sections, however, include qualifications designed to limit expansion of the nonconforming use or structure.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
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
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.
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.
Transfer Tax Implications on Real Property Leases
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.