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· 9/30/2016

Byers v. United States Tax Court

Citations

  • 211 F. Supp. 3d 240
  • 118 A.F.T.R.2d (RIA) 5996
  • 2016 U.S. Dist. LEXIS 135596
  • 2016 WL 5676527

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ruling that restrictive clause alone was not enough to prohibit use not expressly contemplated in local zoning ordinance in part because of “the impracticality of defining in advance every permissible accessory use”
  • holding that even if landing strip was incidental to primary use, it is not customary
  • rejecting plaintiffs argument that “township’s authority to adopt or apply land use regulations to prohibit a private landing strip is preempted”
  • distinguishing and calling into question the validly of Schantz and holding that private landing strips are extremely rare and, therefore, are not a customary accessory use of property as a residence

Source: CourtListener parenthetical corpus (CC0).

Judges: Contreras

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.