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Land Use Restrictions › Appellate Courts

Schwabe, Williamson & Wyatt PC

OP-ED: Clarification of ‘Lawfully Established Units of Land’ in Oregon

Schwabe, Williamson & Wyatt PC on

There exist principles of law upon which most lawyers in a given field agree, but are more or less unstated by statutes or courts. These abound in certain corners of Oregon land use law and are rarely — if ever — contested. ...more

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

Smith Anderson on

In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

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

Submerged Lands/Zoning: Federal Appellate Court Addresses Whether Taking Claim is for Ripe Review

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

Co-Author Abigail Lindsey The United States Court of Appeals for the Eleventh Circuit addressed in an October 16th Opinion whether an alleged taking by a city was ripe for judicial review. See Fane Lozman v. City of Riviera...more

Allen Matkins

California Court of Appeal Confirms that Shorter 90-Day Statute of Limitations Applies in Political Reform Act Claims Affecting...

Allen Matkins on

California’s Second District Court of Appeal recently affirmed that a shorter 90-day statute of limitations, and not a longer three- or four- year statute of limitations, applies to Political Reform Act (PRA) claims that...more

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

Solar Energy Project/Municipal Regulation: Massachusetts Land Court Addresses Challenge to Special Permit Requirement

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

The Massachusetts Land Court (“Land Court”) in a December 24th decision addressed a challenge to the Town of Ware’s (the “Town”) requirement that PLH LLC (“PLH”) obtain a special permit for its proposed ground-mounted solar...more

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