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In the October 2015 issue of New York Real Estate Law Reporter, we discussed the decision of the U.S. Supreme Court in Reed v. The Town of Gilbert, 135 S.Ct. 2218 (2015). In that decision, the Court applied strict scrutiny to a sign regulation, as it related to directional signs placed by a local congregation that held services at different locations each week. In April 2022, the Court took another look at the issue of strict scrutiny relating to “off-premises” signs. In the case of City of Austin, Texas v. Reagan National Advertising of Austin, LLC, No. 20-1029 (2022), in distinguishing the determination in Reed v. The Town of Gilbert, the majority concluded, in an opinion by Justice Sonia Sotomayor, that strict scrutiny should not apply to determining whether the off-premises sign regulations at issue violated the First Amendment.
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When Is A Pretext By A Municipality A Bar To Land Use Approvals?
By Steven M. Silverberg
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.
By New York Real Estate Law Reporter Staff
Housing Discrimination Claim Dismissed
Co-Op Did Not Breach Shareholder’s Guaranty Agreement
Co-Op Not Exempt from Lead Paint Mandate
By New York Real Estate Law Reporter Staff
Environmental Group Has Standing But Loses On the Merits of Challenge to Subdivision Approval
Applicant Entitled to Permit For Small Wireless Facilities
By New York Real Estate Law Reporter Staff
Occupation of Premises Does Not Establish Assignment By Operation of Law
Amendment to Rent Stabilization Law Is Not Unconstitutional