Follow Us
Call 855-808-4530 or email Gro[email protected] to receive your discount on a new subscription.
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.
Continue reading by getting
started with a subscription.
Second Department Rules That Cooperative Apartment Owners’ Rights Are Precarious
By Paul Golden
On June 14, 2023, the Second Department decided Walsh v Ocwen Loan Servicing. The court, with little fanfare, appeared to rule that cooperative apartment owners are saddled with an unavoidable risk of loss. That is, if a lender alleges that the owners have defaulted, and then conducts a nonjudicial foreclosure sale, the former owners are left with few remedies.
By New York Real Estate Law Reporter Staff
Co-Op Purchaser Not Entitled to Cancel Contract
Stipulation of Settlement Did Not Foreclose Warranty of Habitability Claim
Questions of Fact About Mitchell-Lama Succession Rights
By New York Real Estate Law Reporter Staff
Taking Was for a Public Purpose and Failure to Comply With Public Hearing Requirement Did Not Invalidate Taking
By New York Real Estate Law Reporter Staff
Fact Questions About Expansion of Nonconforming Use
Subdivision Improperly Classified As Type II Action Under SEQRA
ZBA Entitled to Approve Permit for Building Larger Than One Depicted In Approved Site Plan
Copyright © ALM Global, LLC. All Rights Reserved.
