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RLUIPA Claim Is Ripe for Judicial Review When Zoning Board Failed to Hear Appeal
In a reversal of the District Court, the Second Circuit Court of Appeals found that the failure of a local Zoning Board of Appeals to hold a hearing on an appeal from the determination of the building inspector, constituted a final determination that was ripe for judicial review. In Ateres Bais Yaakov Academy of Rockland v. Town of Clarkstown, 22-1741-cv the Court reversed the District Court decision dismissing the claim of a violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and remanded the case for further proceedings.
The Court likewise reversed the District Court finding that there were insufficient allegations that the actions of the Defendants resulted in the loss of the Plaintiffs' (ABY) contract to purchase the property at issue. The Circuit Court held ABY met the "traceability requirement" for a claim of tortious interference.
ABY's submissions detailed that ABY had intended to purchase a local church (Grace Church) building and convert it to use as an Orthodox Jewish girl's school. Previously, the local economic assistance agency which is administered by the local Industrial Development Agency (IDA) had committed to funding at a different location for ABY. When ABY met with the IDA about transferring the funding to the new location, ABY received an informal approval. ABY had also received a commitment for additional private funding.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.