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LexisNexis® Mealey's™ Real Estate Legal News
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Pa. Panel: Unique Lot Does Not Result In Hardship In Zoning Variance Appeal
HARRISBURG, Pa. - Reversing a lower court, a Pennsylvania appellate panel on Sept. 29 held that a developer failed to prove that its property was unique enough to warrant certain dimensional variances (Michael Singer, et al. v. Philadelphia Zoning Board of Adjustment, et al., No. 2072 C.D. 2010, Pa. Cmwlth.;...
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N.H. Supreme Court Says Case Law Changes Justify A New Look At Variance Request
CONCORD, N.H. - Finding that changes in case law are sufficient to warrant the reconsideration of a developer's variance application, New Hampshire's Supreme Court on Oct. 12 reversed and remanded a lower court's decision that a local board need not review the application (Brandt Development Company of New Hampshire, LLC,...
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Ohio Panel: Fireworks Company Failed To Prove It Had Vested Property Interest
MIDDLETOWN, Ohio - Finding that there was not sufficient evidence to show that a property owner had expended the effort and money that would have shown a vested right to build a fireworks retail store, an Ohio appellate panel on Oct. 3 affirmed a lower court's agreement with a municipality...
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Pa. Panel: Pre-Existing Nonconforming Use Was Abandoned By Equipment Removal
HARRISBURG, Pa. - Finding that property owners had abandoned their property's pre-existing nonconforming use as a gas station when they removed the station's gas pumps, a Pennsylvania appellate panel on Oct. 18 affirmed a lower court decision in an unpublished opinion (Edward Kraynak, et al. v. Zoning Hearing Board of...
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Michigan Panel: Junkyard, Nuisance Ordinances Are Regulatory, Not Zoning Laws
LANSING, Mich. - Finding that a municipality's nuisance and junkyard ordinances are regulatory ordinances that apply to a junkyard operator's business regardless of the operation's prior nonconforming use, a Michigan appellate panel remanded a lower court decision in an unpublished opinion on Oct. 25 (Soo Township v. Lorenzo Pezzolesi, No....
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