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Local Ordinance Appeals Real Estate Development

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

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

Sheppard Mullin Richter & Hampton LLP

NY Court of Appeals Decides Who Gets Access to Required “Open Space”

This past week, in a 4 to 3 decision, New York’s highest court – the Court of Appeals – decided an important New York City land use question regarding how “open space” is accessed by residents on a zoning lot with multiple...more

Sheppard Mullin Richter & Hampton LLP

Court of Appeal Rejects Challenge to LA’s Business Improvement Districts on Procedural Ground

At the end of June, in Hill RHF Housing Partners, L.P. v. City of Los Angeles, the Court of Appeal upheld the trial court’s denial of a challenge to the City of Los Angeles’s June 2017 establishment of the Downtown Center...more

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

Farrell Fritz, P.C. on

The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more

Bilzin Sumberg

Florida Zoning Appeals Law: Miami-Dade County Special Exception Denial Quashed

Bilzin Sumberg on

In the recent decision of Publix Supermarkets, Inc., v. Miami-Dade County, Case No. 17-082 AP, the 11th Judicial Circuit Court in and for Miami-Dade County held: (i) the applicant successfully carried its burden in a...more

Farrell Fritz, P.C.

Stopping A Zoning Enforcement Action In Court

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Builders, developers and property owners are often cited for zoning violations that become the subject of criminal enforcement proceedings in court (i.e. appearance tickets). Certainly, a party can have the court decide the...more

Farrell Fritz, P.C.

The Effect or Interpretation of an Ordinance at the Time of Review Applies, Despite Long-Standing Historical Views

Farrell Fritz, P.C. on

In The Committee for Environmentally Sound Development v. Amsterdam Avenue Development Associates, LLC, 2019 WL 1206357, 2019 N.Y. Slip Op. 30621(U), Index No. 153819 (Sup. Ct. New York Co., March 14, 2019)...more

Perkins Coie

Court of Appeal Holds CEQA Review Is Not Required for Project That Is Only Subject to Design Review

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The court of appeal held that the City of St. Helena did not violate CEQA by approving a demolition permit and design review for a multi-family residential project without preparing an environmental impact report. McCorkle...more

Downey Brand LLP

Court of Appeal Finds No Discretionary Action in St. Helena Multi-family Dwelling Development

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On December 18, 2018, the First Appellate District, in McCorkle v. St. Helena (A153238), affirmed the trial court’s denial of a Petition for Writ of Mandate challenging the City of St. Helena’s approval of a multi-dwelling...more

Best Best & Krieger LLP

The Revolution That Wasn’t: Us Supreme Court Refuses to Hear California Court of Appeal Case Upholding Inclusionary Zoning in West...

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Against the backdrop of a deepening affordable housing crisis in California, the U.S. Supreme Court recently declined to review a decision of the California Court of Appeal upholding the City of West Hollywood’s inclusionary...more

Best Best & Krieger LLP

Court Upholds Approval Of Superstore Zoning Ordinance - California Appellate Court Supports The Broad Use Of CEQA Addenda

In a victory for public agencies, a California appellate court ruled that, when an agency has prepared an environmental impact report for a project under the California Environmental Quality Act that is relevant to a...more

Farrell Fritz, P.C.

The Domain of Interpreting Zoning Ordinance: “Resort” to the Zoning Board of Appeals

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In opposing Crossroad Ventures, LLC’s (“Crossroad Ventures“) endeavor to construct a vacation resort partially within the Town of Shandaken, (“Town“), grassroots preservation organization Catskill Heritage Alliance, Inc....more

Holland & Knight LLP

California "In Lieu" Affordable Housing Fees Withstand Constitutional Challenge - U.S. Supreme Court Denies Petition to Review...

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The U.S. Supreme Court on Oct. 30, 2017, denied a petition for certiorari filed by the developers of an 11-unit residential condominium project in the City of West Hollywood seeking to challenge the application by the City of...more

Genova Burns LLC

Jersey City’s PLA Ordinance Found Preempted by NLRA and ERISA and Void Ab Initio

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On June 15 U.S. District Court Judge Wigenton determined that Jersey City’s ordinance, in effect since 2007 and providing for tax abatements for real estate developers that sign Project Labor Agreements (PLAs) is preempted by...more

Pierce Atwood LLP

Safety Issue Can Be “Hardship” Justifying A Zoning Variance

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The Massachusetts standard for granting a zoning variance is notoriously difficult to meet. In a nutshell it requires proof that: (1) due to circumstances concerning soil conditions, the shape of the lot, or the topography...more

Holland & Knight LLP

West Coast Real Estate Update: October 2016 #1

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California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s petition...more

Womble Bond Dickinson

N.C. Court of Appeals Denies Bid to Return Water/Sewer "Impact Fees"

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Impact fees are defined, generally, as a charge on new development to pay for the construction or expansion of off-site capital improvements that are necessitated by and/or benefit the new development. Impact fees have been...more

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