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Adjudicating Land Use Claims


Level: Advanced
Runtime: 91 minutes
Recorded Date: October 29, 2019
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Agenda


-Appeals of Land Use Decisions are Not Your Run-of-the Mill Lawsuit
-Hidden Traps
        - Short Deadlines
        - Unfamiliar procedural statutes and rules
        - Various Standards of Review
        - Unusual Evidentiary Regimes
-Questions to Ask before an Appeal
-State Statutes Examples

Runtime: 1 hour and 31 minutes
Recorded: October 29, 2019

Description

Learn how to litigate a court appeal of a land use permit issued by a municipal board or a state agency. Our panel is comprised of former land-use lawyers who later became judges, either on courts of specialized jurisdiction whose work includes land-use matters, or on trial courts of general jurisdiction where permit appeals are often litigated.

This program was recorded on October 29th, 2019.

Provided By

American Bar Association
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Panelists

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Hon. Paul D. Wilson

Justice

Hon. Paul D. Wilson has been a Justice of the Massachusetts Superior Court since 2012. For the 30 previous years, he practiced law at Mintz Levin Cohn Ferris Glovsky and Popeo, P.C. Judge Wilson was a broadly-experienced civil litigator who specialized, during the last decade or so of his time in private practice, in real estate, land use, and environmental litigation, often filing or defending the lawsuits necessary to allow his clients to build mixed-income housing. Judge Wilson was also an experienced and successful appellate lawyer.

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Hon. Robert B. Foster

Justice
Massachusetts Land Court

Hon. Robert B. Foster is a Justice of the Massachusetts Land Court. Before his appointment, he was counsel with Rackemann, Sawyer & Brewster, P.C., in Boston, where he practiced real estate, land use, commercial, and probate litigation, and served as a clerk to the Hon. Herbert P. Wilkins of the Massachusetts Supreme Judicial Court.

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Hon. Peter A. Buchsbaum

Of Counse
Lanza & Lanza LLP

Hon. Peter A. Buchsbaum, J.S.C., Ret., is Of Counsel to the Flemington, NJ firm of Lanza and Lanza, L.L.P., doing affordable housing court master work. He retired as Superior Court Judge in June 2013 but returned for two years as a recall judge on a part time basis working primarily on probate, land use and zoning cases. He had sat in Flemington, New Jersey. Buchsbaum earned his bachelor's degree from Cornell University and his J.D. from Harvard Law School.

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Patricia Salkin

Dean and Professor of Law
Touro College Jacob D. Fuchsberg Law Center

Patricia E. Salkin is the Dean of Touro College Jacob D. Fuchsberg Law Center in Central Islip, NY. Prior to joining the Touro College Jacob D. Fuschberg Law Center in the summer of 2012, Dean Salkin was the Raymond & Ella Smith Distinguished Professor of Law, as well as Associate Dean and Director of the Government Law Center of Albany Law School. Dean Salkin is a current member of the NYS Bar Association’s Standing Committee on Legal Education and Admission to the Bar and a member of the City Bar’s Task Force on New Lawyers in a Changing Profession. She is a past chair of the American Association of Law School’s State & Local Government Law Section, and is the author of hundreds of books, articles and columns including a recent piece in the Journal of Legal Education on incorporating best practices into the teaching of land use law. She is an appointed member of the National Environmental Justice Advisory Council, a Federal Advisory Committee to the U.S. Environmental Protection Agency. A member of the American Bar Association’s House of Delegates, Dean Salkin holds and has held many leadership positions within both the ABA and the New York State Bar Association including: Past Chair of the ABA State and Local Government Section and current member of the Standing Committee on Governmental Affairs (ABA); Past Chair of the NYSBA Municipal Law Section and Founding Member and Past Chair of the NYSBA Committee on Attorneys in Public Service; and she has chaired numerous NYSBA task forces including one focusing on: government ethics, eminent domain, and town and village justice courts.


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