Features
Requiring a Religious Use to Locate in Another Township Is Not a Substantial Burden Under RLUIPA
A recent decision described herein appears to fix a narrower standard in determining what constitutes a substantial burden on religious exercise under RLUIPA than had been followed in previous decisions.
Features
In New York: Public Trust Doctrine Thwarts Retail Mall
In <I>Matter of Avella v. City of New York</I>, the New York Court of Appeals enjoined development of a retail, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York. Here are the implications of that ruling.
Columns & Departments
Development
Analysis of cases involving the Open Meetings Law, parkland fees, development fees, and a challenge to an ordinance's constitutionality.
Columns & Departments
Real Property Law
In-depth analysis and discussion of seven key rulings.
Features
U.S. Supreme Court Addresses the 'Denominator Problem'
In a recent case, the U.S. Supreme Court applied what has come to be known as the <i>Penn Central</i> balancing test to uphold New York City's refusal to approve an office tower atop Grand Central Terminal.
Columns & Departments
Development
A look at several rulings, including an article 78 proceeding challenging grant of an area variance to proposed operators of a religious school.
Features
Confidential Lease Terms Versus Public Access to Government-Held Documents
Commercial landlords with multiple properties, or developments with more than one tenant, are generally loath to disclose to potential tenants the terms of leases into which they have previously entered. So, what happens when a government entity has demanded or been given a lease as part of a governmental process, such as when a landowner is seeking permission to build?
Columns & Departments
Real Property Law
In-depth analysis and discussion of several important rulings.
Columns & Departments
Real Property Law
In-depth analysis of several key rulings.
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