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Appeals › Municipalities › Affordable Housing

Fox Rothschild LLP

NJ Supreme Court Holds Municipalities Can Be Sanctioned for Frivolous Litigation

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Municipalities are not immune from sanctions under the state’s Frivolous Litigation Statute, the New Jersey Supreme Court has ruled in an appeal that stemmed from affordable housing litigation. In a unanimous decision, the...more

Dorsey & Whitney LLP

Uncertainty Looms: Minneapolis's 2040 Plan Hits (Another) Judicial Roadblock

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The month of September was a bad month for the City of Minneapolis’s 2040 Comprehensive Plan (2040 Comp Plan). On September 5, 2023, Minnesota’s Fourth Judicial District (Hennepin County) released a decision temporarily...more

Farella Braun + Martel LLP

California Court of Appeal Upholds Validity of SB 35 to Streamline Approval of Affordable Housing Projects

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The California Court of Appeal issued a unanimous decision that will have lasting, positive implications for developers utilizing SB 35. SB 35 (Cal. Gov't Code Sec. 65913.4) requires cities and counties to quickly and...more

Holland & Knight LLP

Court of Appeal Affirms California's Interest in Housing Can Override Laws of Charter Cities

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For decades, the California State Legislature has enacted numerous laws that limit the authority of local governments to constrain the supply and affordability of housing. These include the Housing Element Law, which requires...more

Pierce Atwood LLP

Mass. SJC Says Chapter 40B Doesn’t Authorize Override Of Municipally-Held Property Restriction

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In its recent decision in 135 Wells Avenue, LLC v. Housing Appeals Committee (pdf), the Massachusetts Supreme Judicial Court (SJC) confirmed that a property restriction held by a municipality cannot be overridden by the...more

Harris Beach Murtha PLLC

Appellate Group News: 2016 Year In Review

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The Appellate Practice Group of Murtha Cullina is regularly trusted to handle appeals by trial counsel within and outside the firm, as well as individuals and institutional clients. We are grateful for these opportunities and...more

Beveridge & Diamond PC

Flushing Out the Safe Harbor: “General Land Area Minimum” Offers Newton No 40B Shelter

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Municipalities long unable to achieve ten percent affordable housing are now turning more frequently to a different Safe Harbor to block development of low and moderate income housing – compliance with the “General Land Area...more

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