Second Circuit Court of Appeals Affirms Dismissal of Developers’ Due Process...
This post was authored by Amy Lavine, Esq. The U.S. Court of Appeals for the Second Circuit upheld the dismissal of a developer’s procedural and substantive due process claims in the 2024 case Grand...
View ArticleNY Appellate Court Holds Doctrines of Res Judicata and Collateral Estoppel...
This post was authored by Matthew Loeser, Esq. In 2004, the respondent Planning Board of the Incorporated Village of Muttontown approved the application of the petitioner, WB Kirby Hill LLC, for...
View ArticleKY Supreme Court Holds Unjust Enrichment did Not Apply to Excuse Developer’s...
Developer, Furlong Development Company and its owner, Gordon Stacy, owned a 26–acre tract of land in Georgetown, Kentucky. Developer intended to develop the property into 90 single family residential...
View ArticleNC Appeal Court Holds Statute of Limitations Does Not Apply to Enforcement of...
The Town of Black Mountain and the County of Buncombe sought to enforce a series of subdivision performance bonds. From March 2005 through February 2007, two surety companies (the defendants) entered...
View ArticleAZ Appeals Court Holds County, Not Successive Owner, Has Authority to Decide...
Empire Residential Construction (Empire) applied to the Coconino County Planning and Zoning Commission to develop a residential community for single-family homes. The Board unanimously approved...
View ArticleS. D. Supreme Court Holds Developers Remain Liable for Improvements After...
Developers Doyle Estes, Big Sky, LLC, and Dakota Heartland, Inc., were in the process of developing the Big Sky subdivision in Rapid City, South Dakota. Rapid City Municipal Code required that...
View ArticleCommission May Require Bond to Ensure Proposed Farming Activity Will Take Place
In 2004, Deojay purchased property containing an abandoned house, farm debris, overgrowth, and wetlands. In November, he filed an application for a certificate of compliance with the Town noting that...
View ArticleMissouri Supreme Court Orders Bond Developer Posted to be Disbursed After Breach
In developing the Winter Valley subdivision in Jefferson County, Essex Contracting Inc. agreed to adhere to the county’s subdivision regulations, which required Essex to post three separate bonds...
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