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Williams Mullen

Chesterfield Zoning Ordinance Overhaul Moves to Board for Final Review

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In July, after a 6-year effort to overhaul its Zoning Ordinance, the Chesterfield Planning Commission unanimously recommended approval of ZOMod moving it forward to the Board of Supervisors for a public hearing on September...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

Frost Brown Todd

Short-Term Rental Bans Are Back in the Takings Spotlight

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The U. S. District Court for the North District of Illinois recently enjoined the Village of Glen Ellyn from enforcing its short-term rental ban. The court granted a request for a temporary restraining order, which...more

Jackson Walker

City of Dallas Eases Parking Mandates

Jackson Walker on

On Wednesday, May 14, 2025, the Dallas City Council approved sweeping changes to the minimum off-street parking requirements under the Dallas Development Code, a process that began in 2019. The City’s imposed off-street...more

Tucker Arensberg, P.C.

Don’t Get Zoned Out of Your Second Amendment Rights   

Property owners may occasionally face challenges when municipalities interpret zoning ordinances in ways that could limit certain lawful activities. We recently represented a client in a case where the municipality sought to...more

Cozen O'Connor

Broad Street Brief: Council Begins Center City Sixers Arena Repeal Process

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City Council Begins Repeal of Center City Sixers Arena Legislation - During Thursday’s meeting, the City Council initiated the repeal of legislation for the since-abandoned Center City Sixers arena project. The Council also...more

BCLP

New York City Council Adopts Significant Zoning Changes Under City of Yes for Housing Opportunity

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New York City’s zoning regulations have undergone sweeping changes with a tripartite initiative known as City of Yes. City of Yes for Carbon Neutrality and City of Yes for Economic Opportunity were approved in late 2023 and...more

Amundsen Davis LLC

Municipal Regulation of Short-Term Rentals

Amundsen Davis LLC on

Short-term rentals have become a complex topic for many municipalities, which in turn affects homeowners or Homeowner Associations interested in the issue. Various objectives of the governing body in regard to regulating...more

(ACOEL) | American College of Environmental...

Can Standing Trees Be Taken?

A recent Sixth Circuit decision holding unconstitutional a municipal tree ordinance that required mitigation or payment as a condition of tree removal has caused some consternation among municipal lawyers, who foresee the...more

Perkins Coie

Local Governments Lacked Authority to Impose Fees on Property Owners for Trash Receptacles at Public Transit Stops Adjacent to...

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The state was required to reimburse municipalities for the cost of state-mandated trash receptacles at transit stops because local governments lacked authority under Proposition 218 to impose fees either on transit agencies...more

Holland & Knight LLP

City of Boston Releases Draft Emissions Performance Standard Policy

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The City of Boston has taken the next step in its ongoing efforts to amend and strengthen its Building Energy Reporting and Disclosure Ordinance, or BERDO, by releasing a draft Summary of policy elements on Jan. 27, 2021, for...more

Farrell Fritz, P.C.

Village of East Hampton Law Prohibiting Special Events at Hedges Inn Struck Down for Failure to Comply with NYS Village Law §7-702

Farrell Fritz, P.C. on

The Hedges Inn (Hedges Inn) is a pre-existing, nonconforming, historic inn with 14 rooms and a restaurant at 74 James Lane in the Village of East Hampton (Village) in the R160 Residence District. In February 2018, Hedges Inn...more

Pierce Atwood LLP

City of Portland to Rewrite its Land Use Ordinances

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For the first time in over 50 years, the City of Portland is rewriting its Land Use Code, which is found in Chapter 14 of the City’s Code of Ordinances. The effort involves several substantive policy changes aimed at making...more

Farrell Fritz, P.C.

Walls and Fences Are Not The Same

Farrell Fritz, P.C. on

This blog post is about walls and fences (but probably not the ones you may be thinking about). The walls of concern to this blog post are located in the Town of Geneva, in a part of the state known as the Finger Lakes...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.

Nonconforming Uses – Don’t Abandon Them

Farrell Fritz, P.C. on

Legal pre-existing nonconforming uses (aka grandfathered uses) have a tenuous existence in New York.  Although protected by vested property rights in the Constitution, many local zoning ordinances seek to eliminate these...more

Snell & Wilmer

Short-Term Rental Legislation & Litigation On the Way!

Snell & Wilmer on

The advent of the shared economy in the real estate context has provided homeowners and investors alike with expanded opportunities to generate revenue from the use of their real estate. Airbnb and VRBO are two of the most...more

Holland & Knight LLP

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

Holland & Knight LLP on

• 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

Womble Bond Dickinson

A Primer on Zoning Nonconformities in North Carolina

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Zoning laws, like any other laws, can change from time to time. What happens if your structure, lot, or use is permitted under an existing law, but the law changes in a way that your structure, lot, or use is suddenly no...more

Jackson Walker

A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

Jackson Walker on

Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial...more

Beveridge & Diamond PC

A Municipal Ordinance Requiring Registration and Maintenance of Vacant or Foreclosed Properties Preempted under Chapter 21E

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A municipal ordinance imposing registration and maintenance obligations upon owners and secured lenders of buildings that are vacant or undergoing foreclosure was preempted by the Massachusetts remediation and clean-up...more

Best Best & Krieger LLP

High Court Reaffirms Local Government's Authority in Denials of Applications for Cell Towers

Decision Clarifies that Local Government’s Decision Need Not State Reasons if they are Contemporaneously Published Elsewhere - A local government need not state the reasons for its denial of a new cell-tower...more

Pullman & Comley, LLC

Appellate Court Notes

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SC19118 - E & M Custom Homes, LLC v. Negron - New home warranty claim was successfully asserted as a counterclaim to a mechanic lien foreclosure. You will have to read the Appellate Court decision to find out what...more

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