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Appeals › Municipalities › Conditional Use Permit

Houston Harbaugh, P.C.

You Can’t Have Two Main Characters

Houston Harbaugh, P.C. on

In a June 13, 2025 decision, the Pennsylvania Commonwealth Court held that a municipality impermissibly granted conditional use approval to an oil and gas well pad and interconnect facility on tax lots that were already...more

Perkins Coie

Informal Communications Failed to Meet Requirement to “Petition” City Officials for Appeal

Perkins Coie on

A project challenger failed to exhaust administrative remedies because an email exchange and dinner meeting with city officials expressing general concerns about a recent permit approval did not satisfy the burden to...more

Perkins Coie

“Whole of the Council” Meant All City Councilmembers, Not Just Those Present and Voting

Perkins Coie on

A court of appeal upheld the City of Madera’s interpretation of a municipal code provision requiring “a five-sevenths vote of the whole of the [City] Council” as mandating the approval of five councilmembers, rather than a...more

Perkins Coie

Council Member Barred From Considering Own Appeal

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In Woody’s Group, Inc. v. City of Newport Beach, the Fourth District Court of Appeal held that the City Council of Newport Beach “violated two basic principles of fairness: you can’t be a judge in your own case, and you can’t...more

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