Blogs about: Subdivision Regulation
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NH Supreme Court Finds that Use of Conservation Easement on Required Yield-Plan for Open Space Did Not Satisfy Local Regulations
In 1989 the plaintiff’s predecessor in interest received approval from the town planning board to develop the 77-acre parcel by constructing 25 duplex buildings. In 1990, the previous owners conveye… more »
LAW OF THE LAND
NH Supreme Court Finds that Use of Conservation Easement on Required Yield-Plan for Open Space Did Not Satisfy Local Regulations
Patty Salkin wrote 3 weeks ago: In 1989 the plaintiff’s predecessor in interest received approval from the town planning board to … more »
Vermont Supreme Court Explains Rule to Determine Whether Commonly Owned Lots Separated by Private Road Constitute a Single Parcel
Patty Salkin wrote 1 month ago: A property owner applied for a permit to subdivide a 2.92-acre lot into two parcels. The applicant a … more »
Planning Board’s Denial of Subdivision Upheld by NY Appellate Court as Rational Acknowledging Board Had a Close, Fact-Specific Choice
Patty Salkin wrote 2 months ago: An application for a proposed three lot subdivision was denied by the planning board following a pub … more »
HUD Study Concludes Extensive Subdivision Requirements Limit Affordable Housing
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Patty Salkin wrote 2 months ago: The April 2008 issue of Research Works, published by HUD, highlights a study HUD’s Office of Polic … more »
NH Supreme Court Upholds Subdivision Approval Conditioned Upon Payment of One-Third of Cost to Improve Portion of Turnpike
Patty Salkin wrote 3 months ago: The Turnpike in this case is a gravel road surrounded by wetlands. The petitioner owns a 21.1-acre … more »
Subdivision Application Remanded Where Council’s Denial Based on Traffic and Overcrowded School Was Not Supported by Substantial and Competent Evidence
Patty Salkin wrote 4 months ago: The petitioner’s sketch plan for a residential subdivision of 102 homes on 52.43 acres was approve … more »
Second Circuit Upholds Enforceability of Open Space Restrictions on 1963 Plat
Patty Salkin wrote 4 months ago: In 2007, the Second Circuit Court of Appeals certified the following question relevant to the outcom … more »
ME Supreme Court Upholds ZBA Determination of Intent to Dedicate Parcel for Public Purpose
Patty Salkin wrote 5 months ago: The Supreme Judicial Court of Maine upheld the determination of the zoning board of appeals that whe … more »
NC Appeals Court Dismisses Case Due to Lack Subject Matter Jurisdiction to Grant Requested Relief
Patty Salkin wrote 6 months ago: The plaintiffs requested an injunction against further approval of subdivision developments, includi … more »
New York Court of Appeals Upholds Open Space Restriction on Subdivision Plat Against Subsequent Purchasers
Patty Salkin wrote 8 months ago: Following a certified question to the State Court of Appeals from the federal Second Circuit Court o … more »
NY Court of Appeals to Hear Oral Arguments Tuesday Oct. 16th on Open Space Restriction as Condition of Subdivision Approval
Patty Salkin wrote 9 months ago: The issue before the Court in O’Mara v Town of Wappinger is whether an open space restriction … more »
Connecticut Supreme Court Finds Zoning Commission Erred in Denying Subdivision Application Based on Off-Site Traffic Concerns
Patty Salkin wrote 10 months ago: Plaintiff applied to subdivide property located along a public street into a 5-lot residential subdi … more »
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