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Municipalities Urban Planning & Development Appeals

DarrowEverett LLP

Legal Guidance Can Be Key in Navigating Rhode Island Land Use Matters

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Land use matters in Rhode Island are often challenging to interpreappt and navigate. In fact, the Ocean State is known for having among the most restrictive policies for zoning and land use control in the U.S. It’s not hard...more

Snell & Wilmer

Arizona Supreme Court to Address the Scope of Citizens’ Rights to Propose Local Ballot Measures

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In the forthcoming case of Roundtree v. City of Page,2 the Arizona Supreme Court will weigh in on a reoccurring political issue that bubbles up in cities and towns across the state: under what circumstances does a proposed...more

Dorsey & Whitney LLP

Uncertainty Looms: Minneapolis's 2040 Plan Hits (Another) Judicial Roadblock

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The month of September was a bad month for the City of Minneapolis’s 2040 Comprehensive Plan (2040 Comp Plan). On September 5, 2023, Minnesota’s Fourth Judicial District (Hennepin County) released a decision temporarily...more

Farella Braun + Martel LLP

California Court of Appeal Upholds Validity of SB 35 to Streamline Approval of Affordable Housing Projects

The California Court of Appeal issued a unanimous decision that will have lasting, positive implications for developers utilizing SB 35. SB 35 (Cal. Gov't Code Sec. 65913.4) requires cities and counties to quickly and...more

Bowditch & Dewey

Massachusetts’ New Economic Relief Bill – What Enabling Partnerships for Growth Means for Local Zoning

Bowditch & Dewey on

On January 14, 2021, Governor Baker signed the Act Enabling Partnerships for Growth (the “Act”). Although Governor Baker vetoed specific parts of the Act, it includes a number of provisions that affect local zoning....more

Farrell Fritz, P.C.

Court Upholds Zoning Board’s Denial of Gas Station’s Area Variance Application

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In Matter of Magid Setauket Assoc., LLC v The Town of Brookhaven Bd. of Zoning Appeals, the petitioners were the owner and the operator (“Petitioners”) of a Shell gas station located in the Old Setauket Historic District (the...more

Farrell Fritz, P.C.

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

Farrell Fritz, P.C. on

In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more

Holland & Knight LLP

Court of Appeal Affirms California's Interest in Housing Can Override Laws of Charter Cities

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For decades, the California State Legislature has enacted numerous laws that limit the authority of local governments to constrain the supply and affordability of housing. These include the Housing Element Law, which requires...more

Best Best & Krieger LLP

Single Contractor Not Precluded from Providing Both Design and Construction Services

Case Provides Valuable Guidance for Public Agencies Wanting One Contractor for Two Phases - A contractor that had two separate contracts with a school district — one for preconstruction services and the other for...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

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Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Pierce Atwood LLP

Mass. Appeals Court Highlights Workaround for Identifying a Public Way

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The quality of a property’s frontage on a street or way can define its development potential and therefore its value. The gold standard, which will allow a comfortable check in the ‘frontage’ box in most Massachusetts...more

Farrell Fritz, P.C.

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

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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

Pierce Atwood LLP

Mass. Appeals Court Upholds Somerville’s Union Square Revitalization Plan

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In 2012, the City of Somerville, the Somerville Redevelopment Authority (SRA), and the Massachusetts Department of Housing and Community Development approved the Union Square Revitalization Plan (the Plan), an urban renewal...more

Bilzin Sumberg

Ley de apelaciones de zonificación de Florida: Denegación de excepción especial anulada en el condado de Miami-Dade

Bilzin Sumberg on

En la reciente decisión dictada en la causa Publix Supermarkets, Inc., v. Miami-Dade County, expediente n.º 17-082 AP, el Tribunal del Undécimo Circuito Judicial del condado de Miami-Dade sostuvo lo siguiente: (i) el...more

Farrell Fritz, P.C.

Appellate Division Upholds Village of East Hampton’s Local Laws Enacted in 2015 Amending Zoning Code Provisions for Gross Floor...

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In 2015 the Village of East Hampton enacted five local laws reducing the maximum allowable gross floor area for residences, reducing the maximum permitted coverage for all structures, reducing the maximum allowable gross...more

Farrell Fritz, P.C.

Appellate Division Rules Town of Clarkson Code Provision Restricting Building Permits until Subdivision Infrastructure is Built,...

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New York State Town Law § 277(9) authorizes a town Planning Board, to require a developer to provide a performance bond or other security covering the cost of installation of subdivision infrastructure and improvements in...more

Farrell Fritz, P.C.

Use Variance Denied By Second Department Regardless Of Alleged Prior Precedent: Village of Patachogue

Farrell Fritz, P.C. on

The Second Department recently reversed a Suffolk County Supreme Court decision granting a use variance for a mother-daughter residence in the Village of Patchogue (the “Village”), in spite of statements made on the record by...more

Farrell Fritz, P.C.

Defective SEQRA Determination Derails South Nassau Cultural Center

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A recent decision from the Nassau County Supreme Court, Healy v. Town of Hempstead Board of Appeals, overturned a municipal determination that granted special zoning exceptions and variances to a Greek Orthodox Church located...more

Best Best & Krieger LLP

Statutory Development Agreements Cannot Be Passed By Initiative - California Appellate Court Gives Cities Less Flexibility

California law does not allow local legislative bodies to pass statutory development agreements by initiative. In Center for Community Action & Environmental Justice v. City of Moreno Valley, decided late last month by a...more

Brownstein Hyatt Farber Schreck

10th Circuit Issues Revised Opinion Clarifying When Individual Notice of Blight Determination Required

As we discussed in a previous alert, 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...more

Farrell Fritz, P.C.

Appellate Division Holds that Proposed Use For Split Zoned Parcel Requires Area, Not Use, Variance

Farrell Fritz, P.C. on

Split zoned parcels can be a headache for property owners and practitioners. In general, a split zoned parcel is a piece of land located in two or more zoning districts and divided by a zoning district boundary line. Often...more

Pierce Atwood LLP

Troubleshooters And Why Words Matter: Appeals Court Overturns Board’s Interpretation Of Zoning Bylaw

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As municipalities assert more control over development, zoning bylaws become more complex. And as mechanics, programmers, and lawyers all know, when there are many parts, there are many more opportunities for things to go...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

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

Farrell Fritz, P.C.

Appellate Division Reverses Site Plan Approval Requiring Merger of Six Individual Lots into One Shopping Center Lot

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It is not uncommon for municipal planning departments to require applicants that are seeking land use approvals involving multiple contiguous parcels to consolidate or merge the properties to form one single larger parcel. ...more

Best Best & Krieger LLP

Parking Impacts Warrant Only Limited Consideration under CEQA for Infill Projects in Transit Priority Areas - Court Upholds City...

Parking impacts (as distinguished from secondary impacts related to parking) associated with infill development in transit priority areas are exempt from environmental review under certain circumstances, a California...more

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