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McGuireWoods LLP

Arlington Missing Middle Ordinance is Void Again — For Now

McGuireWoods LLP on

In another twist to Arlington’s Missing Middle saga, on July 8, 2025, the Virginia Court of Appeals set aside its ruling from two weeks earlier reinstating Arlington County’s Expanded Housing Option (EHO) ordinance and...more

Smith Anderson

Goodbye Covenants, Hello Free Use of Land

Smith Anderson on

The North Carolina Court of Appeals recently issued a landmark opinion regarding the North Carolina Real Property Marketable Title Act (the "Act"). The case is C Investments 2, LLC v. Auger et al., 2021-NCCOA-209 ("C...more

Farrell Fritz, P.C.

The Effect or Interpretation of an Ordinance at the Time of Review Applies, Despite Long-Standing Historical Views

Farrell Fritz, P.C. on

In The Committee for Environmentally Sound Development v. Amsterdam Avenue Development Associates, LLC, 2019 WL 1206357, 2019 N.Y. Slip Op. 30621(U), Index No. 153819 (Sup. Ct. New York Co., March 14, 2019)...more

Best Best & Krieger LLP

The Revolution That Wasn’t: Us Supreme Court Refuses to Hear California Court of Appeal Case Upholding Inclusionary Zoning in West...

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Against the backdrop of a deepening affordable housing crisis in California, the U.S. Supreme Court recently declined to review a decision of the California Court of Appeal upholding the City of West Hollywood’s inclusionary...more

Farrell Fritz, P.C.

Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions

Farrell Fritz, P.C. on

In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York, Inc. (“REBNY”) commenced a hybrid article 78 proceeding and plenary action against the City of New York (“City”)...more

Goulston & Storrs PC

Massachusetts Appeals Court Clarifies When Restrictive Covenants May Extend Beyond Thirty Years

Goulston & Storrs PC on

In Berger, et al. v. 2 Wyndcliff, LLC, et al., No. 16-P-336 (Mass. Appeals Court, Dec. 5, 2017), a group of homeowners in a subdivision subject to an agreement limiting construction on their lots to one single-family dwelling...more

Holland & Knight LLP

California "In Lieu" Affordable Housing Fees Withstand Constitutional Challenge - U.S. Supreme Court Denies Petition to Review...

Holland & Knight LLP on

The U.S. Supreme Court on Oct. 30, 2017, denied a petition for certiorari filed by the developers of an 11-unit residential condominium project in the City of West Hollywood seeking to challenge the application by the City of...more

Perkins Coie

Risks to Open Space Designated in General Plan’s Open Space Element a Valid Ground for Denying Application to Subdivide a...

Perkins Coie on

A city may deny a proposed mobilehome park subdivision that is inconsistent with the open space element of its general plan, according to the recent court of appeal decision in Carson Harbor Village, Ltd. v. City of Carson,...more

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