When was appeals court built

Zoning amendments that expand the grounds upon which nonconforming status may be lost apply to structures and uses otherwise protected under Mass. General Laws 40A, § 6. The Massachusetts Appeals Court in Plainville Asphalt Corp. v. Town of Plainville, 83 Mass. App. Ct. 710 (2013), makes plain that the manner of discontinuing the protections of § 6 is not forever determined by the terms of the local zoning regulation in effect on the date that either the nonconforming use began or the nonconforming structure was built.In 1965, Plainville Asphalt’s predecessor manufactured bituminous concrete at a facility in Plainville. A 1967 zoning amendment prohibited this use, but the manufacturing operation continued to function as a nonconforming use. The zoning bylaw then in effect also provided that the existing use was “`grandfathered’ as a nonconforming use, subject to loss only by abandonment.” However, a zoning amendment in 1983 provided that … [Read more...] about Massachusetts Appeals Court Reaffirms Local Control Over Nonconforming Uses

NEW ORLEANS – Carl Stewart has every right to be angry.Growing up, he was forced to attend segregated schools, required to use “colored only” restrooms and water fountains, and made to sit at the back of the bus. At age 3, Stewart watched as white church leaders blocked his parents’ efforts to buy their first home because they didn’t want black people as neighbors. Retail stores refused to let him try on clothes. Customers at his first job in college routinely used the N-word in front of him.He quietly admits that he continues to experience racial profiling, even today.But in the eyes of many, those experiences make Stewart the perfect person to preside over the 5th U.S. Circuit Court of Appeals—one of the most controversial, rancorous, dysfunctional, staunchly conservative and important appellate courts in the country.It is also a court with three current vacancies—President Barack Obama has announced one nomination to fill one of those … [Read more...] about Meet the chief judge of the nation’s most divisive, controversial and conservative appeals court

A federal appeals court is fed up with little-known energy acronyms like “SNF” and “NWPA.”In a ruling (PDF) last week , the U.S. Court of Appeals for the District of Columbia Circuit showed its irritation in its first footnote, according to The BLT: The Blog of Legal Times. The case involved a challenge to nuclear waste fees for a site to replace Yucca Mountain that has not yet been planned or built. Senior Judge Laurence Silberman wrote the opinion.The footnote cites George Orwell and the court’s Handbook of Practice and Internal Procedures, which urges parties to avoid little-known acronyms. “Brief-writing, no less than ‘written English, is full of bad habits which spread by imitation and which can be avoided if one is willing to take the necessary trouble,’ ” the brief says, attributing the quote to Orwell.“Here, both parties abandoned any attempt to write in plain English, instead abbreviatingevery conceivable agency and … [Read more...] about A Federal Appeals Court’s Nuclear Opinion Takes Lawyers to Task for Acronyms

A homeowner in a historic district didn’t have standing to challenge design approval of a modern home built across the street, the North Carolina Court of Appeals has ruled.The appeals court opinion said Gail Wiesner didn’t have standing because she didn’t establish “special damages” that differ from those suffered by other land owners in the Raleigh neighborhood. The Associated Press and the Raleigh News & Observer covered the decision.“Vague, general allegations that a property use will impair property values in the general area” will not confer standing under the applicable state statute, the appeals court said. “Her arguments are purely aesthetic or are not distinct to her property.”Wiesner did allege she was subjected to unwanted media attention and increased “gawker” traffic from curious people. But the traffic was generated by media coverage and controversy rather than the home itself, the court said.The … [Read more...] about Neighbor didn’t have standing to challenge modern house in historic district, appeals court says

NEW YORK – Louis P. Ciminelli and other defendants in the "Buffalo Billion" trial probably lost their case the moment one of Ciminelli's former underlings decided to plead guilty and cooperate with the government. But defense lawyers have a potentially strong legal argument as they seek to overturn the convictions of Ciminelli and three other defendants on appeal. Those were the conclusions independent legal analysts reached Friday, a day after a federal court jury convicted Ciminelli, former SUNY Polytechnic Institute chief Alain Kaloyeros and two Syracuse developers of conspiracy and wire fraud, saying they rigged the bids on Buffalo Billion projects. Those lawyers said there was little more the defense could have done to exonerate their clients once Kevin Schuler, a former Ciminelli vice president, proved to be a reliable witness for the prosecution. But those experts said there's plenty those defense lawyers can do on appeal, simply because this is an unusual fraud … [Read more...] about ‘Buffalo Billion’ case looked strong to jurors, but appeals court could disagree