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The Presumption of Innocence Podcast: Episode 64 - Cages We Built: The Making of Mass Incarceration in America
Solicitors General Insights: The Legal Frontlines in Iowa and Indiana — Regulatory Oversight Podcast
(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
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The Ohio and U.S. Constitutions require that the power of eminent domain can only be exercised when necessary for a public use. In the 2005 case of Kelo v. City of New London, the U.S. Supreme Court took an expansive view...more
In 2024, in what was heralded as a big win for developers in California, the U.S. Supreme Court upended decades of California precedent and held that legislatively enacted development impact fees must satisfy the “essential...more
The various approvals, permits, orders of conditions, and the like that may be required to proceed with work on a given project can seem daunting at times. And when a project’s proposed use is not automatically authorized...more
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
Like a gift to land use lawyers that never stops giving, the strange and wondrous interrelationship between CEQA and the Permit Streamlining Act (“PSA”; Gov. Code, § 65920 et seq) continues to inspire litigation and require...more
Ohio law empowers real property owners, acting collectively, to petition their local board of county commissioners to annex real property out of a township and into a municipality. If the subject property is less than 500...more
The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland...more
City of Los Angeles - Expedited and Streamlined Review Process for Community Rebuilding - On March 18, 2025, Mayor Karen Bass issued Revised Emergency Executive Order No. 1 (EO 1) directing the Department of City Planning,...more
Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property? This one is pretty simple: the answer is no....more
In Cleveland National Forest Foundation v. County of San Diego (2025) 109 Cal. App.5th 1257, the Fourth District Court of Appeal invalidated two thresholds of significance adopted by the County of San Diego (“County”) that in...more
Recent legal and policy developments continue to shape the landscape for “Missing Middle” housing initiatives, impacting developers, municipalities, and communities alike. Arlington County's Expanded Housing Option (EHO)...more
On March 14, 2025, the California Court of Appeal for the First District issued the first published opinion interpreting Assembly Bill 52 (AB 52), the law governing tribal consultation procedures under the California...more
A California court of appeal has held that a lead agency conducting environmental review, under the California Environmental Quality Act (CEQA), of “vehicle miles traveled” (VMT) impacts may not unquestioningly use thresholds...more
In a published opinion filed March 27, 2025, the Fourth District Court of Appeal (Div. 1) reversed the trial court’s judgment denying a writ petition, and held that two screening thresholds of significance for vehicle miles...more
For Oregon property owners, the Oregon Department of Forestry officially adopted new wildfire hazard and wildland-urban interface maps on January 7, 2025. To check a property’s designations and view the maps, go to Oregon...more
Land use matters in Rhode Island are often challenging to interpreappt and navigate. In fact, the Ocean State is known for having among the most restrictive policies for zoning and land use control in the U.S. It’s not hard...more
The Eleventh Judicial Circuit Court, sitting in its appellate capacity, recently found in two similar cases that Miami-Dade County violated property owners’ due process rights by citing them for code violations using...more
Since the end of 1993, Florida land use and zoning lawyers have been taught the basics: a rezoning hearing is quasi-judicial in nature and appeals of the decision go to circuit court on certiorari review. Why is this? Because...more
Welcome to the Third Issue of Sullivan’s Zoning and Development Newsletter- This newsletter is a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide...more
In late June, California’s Fourth District Court of Appeal upheld a Superior Court decision in Save Our Access v. City of San Diego, providing clarity for determining when a “later activity” is beyond the scope of an existing...more
A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court’s order requiring it to post a bond. The Court of Appeal rejected plaintiff’s contentions...more
In Save the Hill Group v. City of Livermore et al., the First District Court of Appeal (Div. 5) reversed and remanded the superior court’s decision to uphold the reissued final environmental impact report (RFEIR) for a...more
Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No....more
By refusing to hear an appeal of a decision by a Florida appellate court, the US Supreme Court effectively sided with a developer who won a multi-million judgment against someone who tried to undermine the developer’s...more
This past week, in a 4 to 3 decision, New York’s highest court – the Court of Appeals – decided an important New York City land use question regarding how “open space” is accessed by residents on a zoning lot with multiple...more