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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.
Out of Possession Landlord’s Agreement With HUD To Maintain Premises Does Not Subject Landlord to Personal Injury Liability
Out of Possession Landlord Liability for Injuries on Abutting Sidewalk
Breach of Lease By Subsidiary Does Not Justify Piercing Corporate Veil
Tenant Not Entitled to Preliminary Injunction Requiring Landlord to Co-Operate
Landlord Must Maintain Elevator Service for Use By Single Tenant
Tenant Not Relieved of Obligation to Pay Real Estate Taxes
Mechanic’s Lien Not Invalid on Its Face
Temporary Flooding Not a De Facto Taking
Business Judgment Rule Protects Parking Fee Determination
Town Can Be Liable for Aiding and Abetting Discrimination