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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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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.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.