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Motion to Dismiss › Urban Planning & Development

Perkins Coie

Failure to Timely Join an Indispensable Party Identified After CEQA Suit was Filed Mandated Dismissal

Perkins Coie on

The Court of Appeal held upheld the dismissal of a CEQA action for failure to timely name a developer that became a real party in interest during the pendency of the action. Citizens for a Better Eureka v. City of Eureka, 111...more

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

CERCLA Cost Recovery: Federal Court Addresses Whether Municipality's Urban Renewal Activities Potentially Constitute Arranger...

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

A United States District Court (New Hampshire) addressed in an October 13th Order an issue arising out of a Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) cost recovery action. See Banfield...more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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

Brownstein Hyatt Farber Schreck

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

Brownstein Hyatt Farber Schreck on

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more

Goulston & Storrs PC

Town of Chelmsford, et al. v. Newport Materials, LLC, et al

Goulston & Storrs PC on

In Town of Chelmsford, et al. v. Newport Materials, LLC, et al., C.A. No. 1681CV03455 (Mass. Super. Ct. Sept. 6, 2017), the Town of Chelmsford appealed a Westford Planning Board (“Board”) decision granting Newport Materials,...more

Farrell Fritz, P.C.

Failure To Seek Preliminary Injunctive Relief Supports Motion To Dismiss And Renders Appeal Academic

Farrell Fritz, P.C. on

On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic” on the grounds that during the pendency of the appeal, the land use development...more

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