News & Analysis as of

Jurisdiction Zoning Laws

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

Cranfill Sumner LLP

Navigating the Jury Trial in an Eminent Domain Case

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Navigating a jury trial in an eminent domain case can feel like a high-stakes gamble. The unpredictability and inherent risks make it a daunting process for both litigants and their counsel. That is why it is important to...more

Farrell Fritz, P.C.

Hybrid Highlights: Avoiding the Pitfalls of a Land Use Litigation Technique

Farrell Fritz, P.C. on

All civil judicial proceedings must be in the form of an action – unless otherwise authorized by statute, i.e. in the form of a special proceeding (see CPLR 103[b]). While most lawsuits are brought solely in the form of...more

Womble Bond Dickinson

The North Carolina General Assembly's Partial Withdrawal of Zoning Authority Delegated to Local Governments

Womble Bond Dickinson on

Traditionally, “down-zoning” referred to changes in zoning that reduced the intensity of land use – such as a switch from commercial to residential zoning. As with any general district zoning effort, historically in North...more

DarrowEverett LLP

Private Nuisance Claims: Just What Behavior Crosses the Line?

DarrowEverett LLP on

“Three hours of sleep again last night. Three hours of sleep because of that dog!” The foible of being an attorney is not being able to enjoy television without noticing every liability, crime, and actionable conduct of...more

Downs Rachlin Martin PLLC

Governor Scott and Tripartisan Group of Legislators Submit Ambitious Housing Bill

On January 10, Governor Scott and a tripartisan group of legislators presented H. 719, dubbed the BeHOME Act.  This bill may constitute the most ambitious reform effort to date to address Vermont’s inadequate housing supply...more

Beveridge & Diamond PC

Land Court Lacks Jurisdiction over Administrative Licensing Related to Zoning Appeal

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In Bask, Inc. v. Municipal Council of Taunton, 490 Mass. 312 (2022), the Massachusetts Supreme Judicial Court (SJC) addresses the limits of the equitable authority of the Massachusetts Land Court to “make such other decree as...more

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

In The Zone? Defining Your Place in Real Estate

Your business thrived in spite of COVID and you need to relocate and expand your facility. So you found a suitable parcel of property on the edge of town – it's the right size and is served by all the necessary utilities... ...more

Best Best & Krieger LLP

[WEBINAR] Planning in the Coastal Zone

This webinar discusses the responsibilities and authorities of local governments under the California Coastal Act, including the preparation of a Local Coastal Program and amendments and the issuance of coastal development...more

Perkins Coie

Port Master Plan Conflicted with Coastal Act Goals

Perkins Coie on

A core principle of the California Coastal Act is to maximize public access to the coast, including recreational opportunities in the coastal zone. The Court of Appeal determined that the Coastal Commission acted within its...more

Farrell Fritz, P.C.

How Not To Fix A Failure To Refer A Land Use Matter To The Planning Commission

Farrell Fritz, P.C. on

General Municipal Law §239-m requires that before taking action on a land use application, a municipal agency like a Zoning Board of Appeals or Planning Board must refer the application to a county or regional planning...more

Beveridge & Diamond PC

Appeals Court Offers Path for Challenging ZBA’s Failure to Act

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A constructive approval cannot be obtained where a zoning board of appeals secretary promptly returns an application and filing fee and says it does not have jurisdiction, according to the Massachusetts Appeals Court in its...more

Womble Bond Dickinson

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

Womble Bond Dickinson on

A partner of mine in New York used to say, “Few things can’t be undone in litigation.” I didn’t agree. A recently-decided case, following on less-recently-decided authority, from the North Carolina Court of Appeals reveals...more

Franczek P.C.

Illinois Supreme Court Says School District’s Subject to Municipal Zoning

Franczek P.C. on

On September 24, 2015, the Illinois Supreme Court reaffirmed the adage that “a picture is worth a thousand words” in holding that Community High School District No. 155’s bleacher construction project is subject to and must...more

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