News & Analysis as of

Local Ordinance Property Owners Appeals

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

Pierce Atwood LLP on

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

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (February 2025)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...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

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Decision May Result in Big Tax Savings for Some Commercial Property Owners

In a decision that could save some commercial property owners hundreds of thousands of dollars in taxes, the Court of Appeal for the First Appellate District of California held in 731 Market Street Owner, LLC v. City and...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

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

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

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• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more

Latham & Watkins LLP

California Court of Appeal Determines State Law Preempts Local Ordinance Provisions in Specific Instances

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CEQA Case Report: Understanding the Judicial Landscape for Development - In a partially published opinion issued April 4, 2018, Small Property Owners of San Francisco Institute v. City and County of San Francisco, Case...more

Schwabe, Williamson & Wyatt PC

Portland Comprehensive Plan Effective Date Likely Delayed to May 2018

The effective date of the new Portland Comprehensive Plan and Zoning Code has been delayed to at least May 24, 2018. These two related planning projects, begun a number of years ago, were subject to review and approval by the...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

Clark Hill PLC

How to Fight City Hall, Part II

Clark Hill PLC on

To the extent that an ordinance in ambiguous, it must be interpreted in favor of the property owner. I recently overturned an adverse decision against a client by the Webster Township Zoning Board of Appeals. In that...more

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