GA Appeals Court Affirms that Board of Commissioners Acted in a Legislative Capacity When Placing Condition on a Rezoning and not in a Quasi-Judicial Capacity

This post was authored by Tyler Doan, Esq. Cook Communities (Cook) bought roughly 32.6 acres of land in Hall County to build approximately 200 attached townhomes. At the time of purchase, the land was zoned for agricultural housing. Cook sought to have the zoning map changed and the property rezoned as planned residential development. Cook argued that a denial of its request would be “an unconstitutional restriction on the use of the property” and “abolish or damage [its] property rights” without fair and just compensation in violation of both state and federal constitutions. In January of 2022 the local planning…
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‘Rust’ armorer’s attorney says hangover rumors have ‘fatally tainted’ the case

The set armorer charged in relation to the shooting death on the set of “Rust” last year vehemently denied claims that she was hungover the day of the shooting, attorneys said in a filing Friday. Prosecutors last week accused Hannah Gutierrez-Reed of being hungover on the day Alec Baldwin accidentally shot and killed a camerawoman on set during filming. Guttierez-Reed was responsible for ensuring that the firearm was safe to use. Baldwin was initially charged with involuntary manslaughter for his role in the shooting, but those charges were dropped in April. Guttierez-Reed also faces involuntary manslaughter charges. “Prosecutors have ‘doubled…
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NY Appellate Court Upholds Condemnation by Town

The Petitioner challenges the determination of the Town of Tonawanda (Town), which authorized the condemnation of property owned by the petitioner following a public hearing. The property, situated along the Niagara River, includes a coal-fired electric generating station that was decommissioned in 2016 and water intake structures. Petitioner commenced proceeding No. 1 asserting that the Town failed to publish a brief synopsis of its determination and findings within 90 days as required by EDPL 204 (A) and asserting various other grounds for relief. Shortly thereafter the Town published its determination and findings pursuant to EDPL 204 (A) and petitioner then…
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Fed. Dist. Court in ND Says No Preliminary Injunction to Prohibit Fargo from Excluding Adult Toy Store Downtown

This post is authored by Andrew LW Peters originally appeared on the Rocky Mountain Sign Law Blog and is reposted with permission. The Federal District Court for the District of North Dakota denied a request for a preliminary injunction that would have forced the City of Fargo to allow a “premier adult toy retailer” to open a downtown location. The case arose out of a zoning dispute between plaintiff “Romantix” and Fargo’s planning department. Romantix is ​​considered itself just another eligible retailer to locate downtown. City officials disagreed, saying that Romantix’s business of selling sexual devices instead made it an…
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CNN anchor appears stunned as Donald Trump attorney throws Joe Tacopina under the bus

Sign up for the daily Inside Washington email for exclusive US coverage and analysis sent to your inbox Get our free Inside Washington email There was an odd moment of apparent legal one-up-manship on CNN during an interview regarding the representation of Donald Trump following his indictment. One attorney for the former president, Tim Parlatore, publicly undermined the credibility of another Trump attorney, Joe Tacopina, who has been engaged in a media blitz this week following Mr Trump’s indictment for his role in the Stormy Daniels hush money case. Since the interview aired on Friday, Rolling Stone has reported there…
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Reversal of Stephen Smith death ruling is rare, attorney says

(NewsNation) — Stephen Smith’s mother has been fighting for more answers in her son’s death ever since South Carolina authorities discovered his body in the middle of a road in 2015 and ruled his death a hit-and-run. An attorney representing Stephen’s family announced Tuesday that the state no longer believes Stephen was killed in a hit-and-run accident and reversed its ruling to homicide. “This is what I’ve been waiting for,” the teen’s mother, Sandy Smith, told NewsNation’s Chris Cuomo. While officials initially determined Stephen Smith was the victim of a hit-and-run in July 2015, his family doubted that ruling from…
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