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Local Ordinance Appeals Zoning Laws

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

Houston Harbaugh, P.C.

You Can’t Have Two Main Characters

Houston Harbaugh, P.C. on

In a June 13, 2025 decision, the Pennsylvania Commonwealth Court held that a municipality impermissibly granted conditional use approval to an oil and gas well pad and interconnect facility on tax lots that were already...more

Pierce Atwood LLP

Mass. Land Court Rules Short Term Rentals Aren’t a Lawful Accessory Use in Nantucket Zoning District

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In a case of significant interest to the legal community and especially to Nantucket property owners, the Land Court recently issued its long-awaited decision in Ward v. Town of Nantucket (pdf) (Ward II), concerning the...more

Perkins Coie

Approval of Class 32 Exemption Invalid Without Analysis of Project Consistency with Redevelopment Plan

Perkins Coie on

The Court of Appeal held that before issuing a CEQA Class 32 exemption, the City of Los Angeles was required to assess whether the project was consistent not only with the applicable zoning ordinance but also with the area’s...more

Cozen O'Connor

Policy Alert: Bill Would Provide Legal Protection for RCOs to Sue Developers

Cozen O'Connor on

Last week, legislation was introduced in Philadelphia City Council that, if passed, would secure Registered Community Organizations (RCOs) legal protection from the city for their involvement in zoning matters. The bill was...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

Perkins Coie

Ban on Short-Term Rentals Required Coastal Commission Approval

Perkins Coie on

The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that...more

Perkins Coie

Action Challenging Restrictions on Short-Term Vacation Rentals Was Barred by 90-Day Statute of Limitations

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The Court of Appeal held that an action to set aside an ordinance restricting short-term vacation rentals on the ground of failure to obtain a Coastal Development Permit (CDP) was barred by the 90-day statute of limitations...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

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

Industrial Waste Landfill/Nonconforming Use: Minnesota Appellate Court Addresses Whether "Maintenance" Constitutes "Use"

The Court of Appeals of Minnesota (“Court”) in a December 7th Opinion addressed a zoning issue associated with an industrial waste landfill. See AIM Development (USA), LLC v. City of Sartell, 2020 WL 7134863...more

Perkins Coie

Violation of Zoning Ordinance Limiting Medical Marijuana Cultivation Did Not Justify Seizure of Dispensary’s Medical Marijuana

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The Sixth District Court of Appeal held that a medical marijuana dispensary could recover its marijuana plants seized by law enforcement, finding that violation of the ordinance did not render medical marijuana plants...more

Downey Brand LLP

Fifth Appellate District Invalidates Kern County Oil and Gas Ordinance

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On Tuesday, February 25, 2020, the Fifth Appellate District invalidated Kern County’s 2015 Oil and Gas Ordinance (the “Ordinance”), which was intended to streamline the permitting process for a variety of oil and gas...more

Perkins Coie

CEQA Year in Review 2019

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Perkins Coie

Court May Order City to Remedy Inconsistencies in its General Plan Created by Initiative

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A court could properly direct a city council to correct internal inconsistencies in its general plan resulting from adoption of an initiative. Denham, LLC v. City of Richmond, 41 Cal. App. 5th 340 (2019). The Richmond City...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

Farrell Fritz, P.C.

Dog Training Business is Not a “Customary Home Occupation” According to Upstate NY Town

Farrell Fritz, P.C. on

A recent Fourth Department decision upheld a determination by the Town of Westmoreland Zoning Board of Appeals (the “Westmoreland ZBA” or the “Board”) finding that a dog training business is not a “customary home occupation”...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

Williams Mullen

Rule No. 1 When Facing a Zoning Violation in N.C.

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On February 19, 2019, the North Carolina Court of Appeals, in an unpublished decision, held that “When a landowner fails timely to appeal a notice of zoning ordinance violation to a local board of adjustment as provided in...more

Farrell Fritz, P.C.

Stopping A Zoning Enforcement Action In Court

Farrell Fritz, P.C. on

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

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

Road Salt Transloading Facility/Hazardous Substances: Federal Appellate Court Addresses Interstate Commerce Commission Termination...

The United States Court of Appeals for the Second Circuit (“Court”) addressed in a March 7th opinion a judicial challenge to a Shelburne, Vermont ordinance regulating hazardous substances and certain bylaws related to a salt...more

Perkins Coie

Zoning Ordinance Adopted To Make Zoning Consistent With General Plan May Be Rejected By Referendum

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The California Supreme Court has resolved a split among the courts of appeal, concluding that citizens may bring a referendum to challenge a zoning ordinance even if the referendum would temporarily leave in place zoning...more

Verrill

Pipeline Appeals Grant of Summary Judgment to South Portland Regarding Its Ban on Marine Loading of Crude Oil

Verrill on

Judge Woodcock of the U.S. District Court in Portland, finding that the South Portland’s Clear Skies Ordinance (the Ordinance) was neither a “preempted pipeline facility safety standard or a discriminatory ordinance enacted...more

Bowditch & Dewey

Therapeutic and Curative Training Is Not “Educational” Under the Dover Amendment

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Deciding that the “primary and predominant” purpose of a behavioral skills program was the treatment of serious mental illness and not the teaching of “core life skills,” the Land Court rejected arguments that the program...more

Perkins Coie

City’s Agreement to Extend Life of Billboards Violated Initiative Measure Prohibiting New Billboards

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The Second District Court of Appeal held that the purported amendment of an agreement to extend the period in which billboards were permitted within the City constituted a new agreement and hence violated the terms of a...more

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