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When Is A Pretext By A Municipality A Bar To Land Use Approvals?
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
In its March 2024 decision in the case of Brinkmann v. Town of Southold, 96 F4th 209 (2d Cir. 2024), the Second Circuit Court of Appeals addressed claims of unlawful taking by eminent domain. In that case, the Plaintiff sought to develop a "big box" hardware store. There was public objection to the proposed development, citing concerns with, among other things, traffic generated by the proposed development. The Town therefore required different studies by the applicant to address the objections to the project raised by members of the public. After the studies were completed as required, the Town unsuccessfully attempted to purchase the property while the application was pending. Next, the Town implemented a moratorium on permits in an area of the Town that included the subject property and then extended the moratorium twice. Finally, the Town of Southold used its condemnation powers to acquire the property at issue for municipal use as a passive park.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.