Land Use Litigation

Overview

Courts adjudicate the rights of individuals, businesses, associations, and community organizations as they relate to wide-ranging circumstances involving the development and use of land. These cases generally arise out of local, state, or federal government action in the form of regulatory decisions, enforcement proceedings, development activity on the government’s own property, and the taking of private property.

Our Land Use Litigation Group is noted for its full-service practice, reflecting our familiarity and comfort with all manner of land use laws, regulations, and procedures and our comprehensive understanding of applicable federal and state constitutional principles. We are proficient in all aspects of litigation implicating land use and development and property rights, both in the states where we are based and nationally. We represent clients in litigation arising out of state and local administrative decision-making and in challenges to regulatory enactments. We also handle regulatory taking, eminent domain, and condemnation cases and represent clients in litigation under specialized federal statutes, such as the Religious Land Use and Institutionalized Persons Act and the Fair Housing Act.

One of our partners, Brian W. Blaesser, is the co-author of the book Federal Land Use Law & Litigation (Thomson-Reuters/West: 2013).

- News
- March 3, 2020
  Tom Donlon and John Peloso Author RLUIPA Article Published in New York Law Journal
  
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  Tom Donlon and John Peloso Author RLUIPA Article Published in New York Law Journal
  
  Business Litigation Group lawyers Thomas J. Donlon and John F.X. Peloso, Jr. authored the article “2nd Circuit Reverses Finding That Village School Zoning Laws Were Discriminatory” published in the New York Law Journal on February 28, 2020. The article offers an overview of Congregation Rabbinical College of Tartikov v. Village of Pomona, 945 F.3d 83. “Absent a petition for certiorari to the U.S. Supreme Court, the Feb. 6, 2020 denial of the plaintiffs’ petition for rehearing en banc by the U.S. Court of Appeals for the Second Circuit will bring to a close almost 13 years of litigation over the school zoning laws of the Village of Pomona. With the issuance of the court’s mandate, the Second Circuit panel decision of Dec. 20, 2019, Congregation Rabbinical College of Tartikov v. Village of Pomona, 945 F.3d 83, is now final. That decision overturned the district court’s finding that two Village zoning laws were enacted in 2001 and 2004 with the intent to discriminate against the Orthodox/Hasidic community, leaving those laws in effect.” John and Tom represented the Village of Pomona in the trial and appeal of this case. Read the full article.
  
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