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NY Appeals Court Finds City’s Definition of Family Not Unconstitutionally Vague

The applicable zoning ordinance for the City of Albany restricts the occupancy of residential property in the district to a single family, defined as “[o]ne, two or three persons occupying a dwelling...

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S. Carolina Supreme Court Upholds Ordinance Restricting Number of Unrelated...

The zoning law in the City of Columbia, South Carolina restricts all properties zoned as single dwelling units to a maximum of three unrelated people.  The appellant in this case owns property in...

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MA Appeals Court Upholds Law Prohibiting Renting of Property to More than...

Plaintiffs, landlords of properties rented to four unrelated adult college students living as a “family” or single housekeeping unit, appealed an order of injunctive relief to the City preventing them...

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Maryland Court Finds Restrictive Covenant on “Single Family” Occupancy...

Rodney and Melinda Long own two homes in the South Kaywood subdivision in Salisbury, Maryland.  One of the homes is occupied by a married couple with two children, while the other is occupied by three...

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VT Supreme Court Finds Single Family Residence Used as a Rooming and Boarding...

The owner of a home in Fairfax, Vermont (“Town”), which was his personal residence, also rented the house to others. He used his own bedroom and rented out the rest of his home. He charged occupants a...

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MA Supreme Court Draws Distinction Between Lodging and Apartment and Holds...

Defendants owned multi-family rental properties in the city of Worcester, Massachusetts (“City”).  Some of the apartments within the buildings – which included a living room, dining room, kitchen,...

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NJ Appeals Court Holds Retreat is Classified as “Transient Housing” and Did...

Plaintiff, Chai Lifeline, Inc. (“Lifeline”), is a corporation that owns a single-family residence in a residential zone in the Township of Mahwah (“Mahwah”). Lifeline used that property as a retreat...

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LA Supreme Court Holds Restrictive Definition of “Family” is Constitutional

The City of Baton Rouge/Parish of East Baton Rouge (“City–Parish”) filed suit in the district court on March 20, 2012 seeking injunctive relief against the defendant, Stephen C. Myers, to compel him to...

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PA App. Court Holds Zoning Ordinances Defining “Family” Using Biological and...

Sheldon Schwartz and Paul Abeln (collectively Appellants) appealed the order of the Court of Common Pleas of Philadelphia County holding that the definition of “family” contained in Section 14–102(49)...

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PA Commwlth Court Finds Board Could Consider Four Volunteers Who Were to Care...

On July 24, 2014, St. Francis Home filed an application for a residential building permit (building permit) with Township, seeking permission to build a single-family, detached dwelling on undeveloped...

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PA Appeals Court Holds Definition of Family Does Not Apply to Those Who are...

This post was authored by Matthew Loescher, Esq. Cornerstone owned a property located in a residential area, zoned as an R-2 medium density zoning district. The property consisted of a single-family...

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Fed. Dist. Court in KS Upholds Local Ordinance Restricting the Number of...

This post was authored by Maria Lambros, Touro University Jacob D. Fuchsberg Law Center In April 2022, the City of Shawnee (“City’) adopted Ordinance No. 3419 (“Ordinance”). The Ordinance prohibits...

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