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Owners Have No Constitutional Right to Expand Nonconforming Uses
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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New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.