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Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?
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.
In its March 2024 decision in the case of Brinkmann v. Town of Southold, 96 F4th 209 (2d Cir. 2024), the Second Circuit Court of Appeals addressed claims of unlawful taking by eminent domain. In that case, the Plaintiff sought to develop a "big box" hardware store. There was public objection to the proposed development, citing concerns with, among other things, traffic generated by the proposed development. The Town therefore required different studies by the applicant to address the objections to the project raised by members of the public. After the studies were completed as required, the Town unsuccessfully attempted to purchase the property while the application was pending. Next, the Town implemented a moratorium on permits in an area of the Town that included the subject property and then extended the moratorium twice. Finally, the Town of Southold used its condemnation powers to acquire the property at issue for municipal use as a passive park.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.