News & Analysis as of

Appeals Zoning Laws

Pierce Atwood LLP

SJC Confines Zoning Standing Analysis To Actual Proposed Use; Speculation As To Future Uses Is Irrelevant

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Last week, the Massachusetts Supreme Judicial Court (SJC) reversed an Appeals Court panel in a strongly-worded decision concerning abutter standing to appeal a zoning decision, Stone v. Zoning Bd. of Appeals of Northborough...more

Nossaman LLP

Sheetz Loses Again: Legislatively Enacted Fees Satisfy Nolan/Dollan

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Panel Array/Siting: New Hampshire Supreme Court Applies State Solar Development Statute

The Supreme Court of New Hampshire (“Court”) addressed in April 9, 2024 Opinion issues arising out of the installation of a solar array. See Mojalaki Holdings, LLC. v. City of Franklin, 2024 N.H. 17, 2024 WL 1514612 (N.H....more

Brownstein Hyatt Farber Schreck

AB 130 Withdraws Coastal Commission Appeal Jurisdiction for Certain Housing Projects

This is the eighth update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law....more

Hinckley Allen

Massachusetts Appeals Court Curbs Zoning Board Discretion in Special Permit Denial

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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

Foley Hoag LLP - Energy & Climate Counsel

MA Appeals Court Sets New Precedent Protecting Solar Development in Local Permitting

A recent decision of the Massachusetts Appeals Court sets an important precedent in favor of solar development in the Commonwealth. In Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham, the court unanimously...more

McGuireWoods LLP

Arlington Missing Middle Ordinance is Void Again — For Now

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Runoff/Residential Development: Arkansas Court of Appeals Addresses Jurisdictional Issue

The Court of Appeals of Arkansas (“Court”) addressed in a May 14th Opinion a jurisdictional dispute involving alleged residential development stormwater runoff issues. See Centofante, et al. v. Ferguson, 2025 WL 1386368. ...more

Nossaman LLP

Legislatively Enacted Fees Have Another Day in Court

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On Tuesday, June 24, 2025, the California Court of Appeal heard argument in Sheetz v. County of El Dorado. You may recall that the California Court of Appeal previously held that legislatively enacted development impact fees...more

McGuireWoods LLP

Virginia Court of Appeals Overturns Arlington Missing Middle Decision

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On June 24, 2025, the Virginia Court of Appeals overturned the Circuit Court of Arlington County’s decision invalidating Arlington County’s Expanded Housing Option (EHO) ordinance, commonly known as the “Missing Middle”...more

Houston Harbaugh, P.C.

You Can’t Have Two Main Characters

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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

Pierce Atwood LLP

Mass. Land Court Rules Short Term Rentals Aren’t a Lawful Accessory Use in Nantucket Zoning District

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In a case of significant interest to the legal community and especially to Nantucket property owners, the Land Court recently issued its long-awaited decision in Ward v. Town of Nantucket (pdf) (Ward II), concerning the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Panels/Subdivision Covenant: Missouri Appellate Court Addresses Enforcement Issue

The Missouri Court of Appeals (Southern District) (“Appellate Court”) addressed in a May 13th Opinion an issue arising out of a homeowner installing solar panels in a subdivision. See Eikmeier v. Granite Springs Home Owners...more

Keating Muething & Klekamp PLL

Ohio House Bill 113, 136th General Assembly, Regular Session

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

Perkins Coie

Pre-1972 Conveyance of Multiple Lots Did Not Create Separate Legal Parcels Under Map Act

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Under the Subdivision Map Act, the creation of legal parcels prior to 1972 requires more than a deed referencing multiple lots—only a conveyance that separates a portion of land from contiguous property creates a new legal...more

Alston & Bird

Land Use Matters | May 2025 | CEQA Appellate Decisions & Other Legal Developments

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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

Pierce Atwood LLP

More good news for housing production: Mass. Appeals Court rules legislative permit extensions stack on top of equitable tolling

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Last week, in an important decision for land-use and development lawyers, the Massachusetts Appeals Court ruled in Palmer Renewable Energy, LLC v. Zoning Bd. of Appeals of Springfield that permit extensions granted by the...more

Nossaman LLP

Inverse Condemnation Liability Does Not Extend to Failure to Prevent Actions of Another Party

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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

Whiteford

Client Alert: Updates on Developments in “Missing Middle” Housing Policies - UPDATED 4/30/25

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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

Houston Harbaugh, P.C.

Drawing the Line Somewhere

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What Happens When a Parcel is Split Zoned?- Municipal zoning maps frequently include the entirety of a lot or a tax parcel within a given zoning district. But, sometimes zoning maps do not do this. Sometimes, zoning maps...more

McGlinchey Stafford

Fifth Circuit Permits Claims of Environmental Racism to Move Forward

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In a case that has profound implications for the regulated community, particularly in the realms of environmental justice, civil rights, and land use planning, the U.S. Fifth Circuit Court of Appeals has permitted plaintiffs...more

McGuireWoods LLP

Court of Appeals Confirms Vested Rights Doctrine in Virginia

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On April 8, 2025, for the first time since its jurisdiction was expanded, the Court of Appeals of Virginia addressed in detail the doctrine of vested rights in the context of a zoning dispute in Board of Supervisors of Prince...more

Stark & Stark

Navigating Historical Preservation Laws: A Guide for New Jersey Businesses

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In a state with as rich a history as New Jersey, new business projects can quickly be sidetracked or delayed by rules meant to encourage historical preservation. New businesses must plan for potential delays when developing...more

Farrell Fritz, P.C.

Restrictive Covenants: The Devil Is in the Details…

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Restrictive covenants are common conditions of zoning approvals. Municipal boards typically require applicants to record restrictive covenants as a condition of approval. These restrictive covenants are drafted to “run with...more

BCLP

Planning and Infrastructure Bill - NSIP Changes

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The infrastructure measures in the Planning and Infrastructure Bill introduce amendments, principally to the Planning Act 2008, that aim to make the NSIP regime faster and more flexible to support the Government’s major...more

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