News & Analysis as of

Housing Developers Appeals Zoning Laws

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

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

McGuireWoods LLP

Virginia Court of Appeals Overturns Arlington Missing Middle Decision

McGuireWoods LLP on

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

Whiteford

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

Whiteford on

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

Coblentz Patch Duffy & Bass

Summary of Select 2024 California Real Estate and Land Use Cases Impacting Real Estate Developers

On January 21, 2025, Coblentz litigation partner Skye Langs presented for the Bar Association of San Francisco’s Real Property section on the following real estate and land use cases from 2024...more

Perkins Coie

Court Upholds California Law Limiting Local Governments’ Ability to Deny Housing Development Applications

Perkins Coie on

In a major recent decision, the California Court of Appeal rejected a city’s interpretation of what constitutes an “objective” standard under the Housing Accountability Act (HAA), Government Code section 65589.5, and upheld...more

Conn Kavanaugh

Abutter Must Prove Particularized Injury to Confer Standing in Zoning Appeals

Conn Kavanaugh on

On March 6, 2020, just a day after hearing oral argument, the Supreme Judicial Court reaffirmed the longstanding principle that abutting landowners have standing to challenge the application of zoning bylaws only if they...more

Conn Kavanaugh

Special Permit Applicants Must Prove That Proposed Use Complies With Bylaws

Conn Kavanaugh on

If you’re seeking a special permit for a project, be prepared to prove that your proposal complies with the town’s bylaws. First things first. What is a special permit? Generally, a special permit allows an applicant to...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Mintz

Developers Who Elect Not to Pay Comprehensive Permit Fees in Full Proceed at Their Peril

Mintz on

The Massachusetts Appeals Court issued an opinion on August 29, 2016, that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B of the Massachusetts...more

Beveridge & Diamond PC

Massachusetts Appeals Court Imposes Higher Hurdle For Master Plan to Defeat 40B Project

Beveridge & Diamond PC on

In another setback to opponents of Chapter 40B affordable housing projects, the Massachusetts Appeals Court upheld the Housing Appeals Committee’s (HAC) creation of a seemingly more rigorous four-part test that appears to...more

Beveridge & Diamond PC

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

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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