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Land Developers Appeals Real Estate Development

Farrell Fritz, P.C.

Restrictive Covenants: The Devil Is in the Details…

Farrell Fritz, P.C. on

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

DarrowEverett LLP

Legal Guidance Can Be Key in Navigating Rhode Island Land Use Matters

DarrowEverett LLP on

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

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

Carlton Fields

Zoning Appeals: Have We Been Doing This Wrong for 30 Years?

Carlton Fields on

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

Perkins Coie

Lot Created on 1869 Map and Conveyed With Fewer Than Four Other Lots Was Lawfully Subdivided

Perkins Coie on

The First District Court of Appeal held that a single deed conveying four or fewer contiguous lots can qualify for a presumption of legality under section 66412.6(a) of the Subdivision Map Act so long as the lots are...more

Perkins Coie

Bond Properly Required for Challenge to Affordable Housing

Perkins Coie on

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

Shutts & Bowen LLP

Objecting to a Real Estate Project in Florida Carries a Risk of Liability

Shutts & Bowen LLP on

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

Robinson+Cole Construction Law Zone

Caution When Approaching Artistry

A $6.75 million judgment was upheld by the United States Court of Appeals, Second Circuit, against a developer that whitewashed 45 spray-painted artworks on its site — several months before the demolition permits were issued....more

Perkins Coie

EIR’s Project Description May Present Alternative Development Options and the Agency May Approve A Variant of an Analyzed...

Perkins Coie on

An EIR’s project description may identify alternative development schemes proposed for a single project, and the agency may approve a modified version of the project that incorporates elements of one of the alternatives...more

Hogan Lovells

Contractual rights outweigh public interest in restrictive covenant case

Hogan Lovells on

The Court of Appeal has sent a firm message to developers who seek to cut corners by knowingly breaching restrictive covenants. A recent decision means that 13 units of social housing, constructed on land on which building...more

Miller Starr Regalia

First District Applies CEQA Exhaustion/Standing Rules, Upholds Judgment Rejecting Claim of Statutory Exemption for Controversial...

Miller Starr Regalia on

In a published decision filed September 17, 2015, the First District Court of Appeal affirmed the trial court’s judgment granting a writ of mandate and finding that a proposed land exchange agreement was not statutorily...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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