News & Analysis as of

Property Owners Land-Use Permits

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

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In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

Jones Day

Elephant and Castle Town Centre Redevelopment: Compulsory Purchase Order Confirmed

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On 7 January 2025, an Inspector confirmed the London Borough of Southwark (Elephant and Castle Town Centre) Compulsory Purchase Order (No.2) 2023 (the "CPO")....more

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

Submerged Lands/Zoning: Federal Appellate Court Addresses Whether Taking Claim is for Ripe Review

Co-Author Abigail Lindsey The United States Court of Appeals for the Eleventh Circuit addressed in an October 16th Opinion whether an alleged taking by a city was ripe for judicial review. See Fane Lozman v. City of Riviera...more

Houston Harbaugh, P.C.

Pennsylvania Supreme Court Determines That Zoning Officer Had Authority to Issue Zoning Use Permit, but the Practical Application...

In a July 17, 2024 Opinion, the Pennsylvania Supreme Court decided in AUUE, Inc. v. Borough of Jefferson Hills Zoning Hearing Board, No. 28 WAP 2022, ___ A.3d ___ (Pa. 2024), that the Pennsylvania Municipalities Planning Code...more

Holland & Knight LLP

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

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The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

Ballard Spahr LLP

U.S. Supreme Court Rules in Favor of Property Owner in Exaction Takings Case

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The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sheetz v. El Dorado County

On April 12, 2024, the United States Supreme Court decided Sheetz v. El Dorado County, No. 22-1074, holding that the Takings Clause “does not distinguish between legislative and administrative permit conditions,” but instead...more

McNees Wallace & Nurick LLC

Streamlining the Development Process with Blockchain Technology (III of IV)

Our prior two posts on blockchain technology and real estate looked at blockchain basics and how it can be used to make real estate transactions and the recording of documents more transparent, efficient, and secure. But I...more

Lasher Holzapfel Sperry & Ebberson PLLC

Interested in an Accessory Dwelling Unit in Washington State? Be Sure to Research the Regulations for Compliance

In recent years, the interest in Accessory Dwelling Units (ADUs) has grown exponentially in response to housing shortages and affordability issues. The regulatory landscape for ADUs is dynamic and can be affected by changes...more

Venable LLP

"Yes in God's Back Yard" Legislation Is the Next Tool to Battle the Housing Crisis

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On October 11, 2023, Governor Newsom signed SB 4, the Affordable Housing on Faith Lands Act (also known as "Yes in God's Back Yard" (YIGBY)), which promises to be one of the momentous housing bills of 2023. Sponsored by...more

Saiber LLC

SCOTUS Agrees to Hear Case Concerning the Scope of Constitutional Challenges to Land Use Permit Conditions

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The Supreme Court of the United States has agreed to hear Sheetz v. County of El Dorado, California, a case that concerns whether land use permit conditions in the form of monetary exactions created by legislation are...more

Williams Mullen

The Virginia Supreme Court has made it easier for neighbors to challenge land use approvals - here’s why it matters.

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The concept of legal standing made headlines in high-profile U.S. Supreme Court cases this summer; but it is just as critical for cases in Virginia state courts. In the land use and real estate development context, the...more

DarrowEverett LLP

Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

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Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more

Bennett Jones LLP

Proptech and Decarbonization in Commercial Real Estate

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Decarbonization in the commercial real estate sector is top of mind for building developers, owners and operators, as it has garnered increased policy momentum at all levels of government in Canada. Stakeholders must ensure...more

Miller Starr Regalia

When Logic And Proportion Fall: Do Policy Objectives Override Common Rules Of Conveyancing For Conservation Easements?

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The Second District Court of Appeal’s decision in Canyon Vineyard Estates I, LLC v. DeJoria sidesteps several potentially troublesome conveyancing issues by focusing on the statutory authorization for “conservation easements”...more

Farella Braun + Martel LLP

[Webinar] Napa County Land Use Update: What You Should Know About Developments in the Local and State Regulatory Arena - May 17th,...

As property owners plan new or expanded development of their land, looking over the horizon for changes in local and state regulations is critical to inform effective planning and decision-making. Regulations are constantly...more

Carlton Fields

House Bill 59 Creates Delays on the Filing of New Comprehensive Plan Amendments (UPDATED)

Carlton Fields on

On August 6, 2021, DEO updated their guidance to redefine the term “initiated” to also include “the Department will consider a proposed plan amendment to be 'initiated' on the date…...more

Perkins Coie

2020 Land Use and Development Case Summaries

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Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more

Bilzin Sumberg

Real Estate Developer Rights When Cities Demand Too Much

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Land use & zoning attorneys, Stanley B. Price and Anthony De Yurre, discuss what real estate developer's rights are when the government demands too much, and where the line should be drawn according to both statute and case...more

Womble Bond Dickinson

Site Plan Approval, Conditional Use Permits, and Statutory Vested Rights

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Today, we take a look at the land use case Jubilee Carolina, LLC v. Town of Carolina Beach, decided October 15, 2019. In April 2017, the Town approved a site plan and conditional use permit that provided interconnectivity...more

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

Landfill/Nonconforming Use: Minnesota Appellate Court Addresses Ability of Purchaser to Continue Operation

The Court of Appeals of Minnesota (“Court”) addressed in a March 4th opinion a landowner’s ability to continue a prior nonconforming use limited to the uses allowed under the terms of the land-use permit in effect at the time...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Stoel Rives -  Ahead of Schedule

Establishing a Legal Nonconforming Use

The key to a legal nonconforming use is establishing that the use previously existed legally. The Utah Court of Appeals recently reiterated this statutory requirement in LJ Mascaro v. Herriman City, 2018 UT App 127, where it...more

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

Open Cut Land Reclamation Act Enforcement: Arkansas Department of Environmental Quality and Washington County, Arkansas Property...

The Arkansas Department of Environmental Quality (“ADEQ”) and Lloyd and Betty Thurman (“Thurman”) entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control...more

Womble Bond Dickinson

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

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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

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