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Real Estate Development Affordable Housing Appeals

Downey Brand LLP

Indispensable Party: First District Rules Petitioner’s Failure to Join Real Party in Interest Necessitates Dismissal of Action

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In Citizens for a Better Eureka v. City of Eureka (2025) __ Cal. App. 5th __, the First District Court of Appeal affirmed a judgment dismissing a CEQA action that challenged an approval for the redevelopment of a City of...more

Miller Starr Regalia

First District Affirms Judgment Dismissing CEQA Action Based On Petitioner’s Failure To Join Indispensable Real Party Developer...

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In an opinion filed May 14, and later ordered published on June 11, 2025, the First District Court of Appeal (Div. 3) affirmed a judgment dismissing a CEQA action challenging an approval for a City parking lot...more

Downey Brand LLP

Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance...

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In Cleveland National Forest Foundation v. County of San Diego (2025) 109 Cal. App.5th 1257, the Fourth District Court of Appeal invalidated two thresholds of significance adopted by the County of San Diego (“County”) that in...more

Whiteford

Client Alert: Updates on Developments in “Missing Middle” Housing Policies - UPDATED 4/30/25

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Recent legal and policy developments continue to shape the landscape for “Missing Middle” housing initiatives, impacting developers, municipalities, and communities alike. Arlington County's Expanded Housing Option (EHO)...more

Miller Starr Regalia

Fourth District Invalidates San Diego County’s “Infill” And “Small Project” VMT Screening Thresholds As Lacking Substantial...

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In a published opinion filed March 27, 2025, the Fourth District Court of Appeal (Div. 1) reversed the trial court’s judgment denying a writ petition, and held that two screening thresholds of significance for vehicle miles...more

Coblentz Patch Duffy & Bass

Summary of Select 2024 California Real Estate and Land Use Cases Impacting Real Estate Developers

On January 21, 2025, Coblentz litigation partner Skye Langs presented for the Bar Association of San Francisco’s Real Property section on the following real estate and land use cases from 2024...more

Sullivan & Worcester

Zoning and Development Newsletter - January 2024

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Welcome to the Third Issue of Sullivan’s Zoning and Development Newsletter- This newsletter is a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide...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

Perkins Coie

Bond Properly Required for Challenge to Affordable Housing

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A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court’s order requiring it to post a bond. The Court of Appeal rejected plaintiff’s contentions...more

Sullivan & Worcester

Massachusetts Supreme Judicial Court Issues a Win for Sullivan Client in State Tax Dispute

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Justices Strike Down Tax Assessed on Capital Gain from Sale of Exempt Urban Redevelopment Project, a Win for Massachusetts Urban Redevelopment and Affordable Housing - On Friday, March 10, 2023, the Supreme Judicial Court...more

Holland & Knight LLP

Court Affirms Housing Applicants' Ability to Be Vested Against Downzonings

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O'Brien Land Company's more than a decade-long odyssey to build 315 zoning-compliant homes – chronicled in Conor Dougherty's book Golden Gates: Fighting for Housing in America – has become the stuff of housing law legend,...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

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

Hogan Lovells

Contractual rights outweigh public interest in restrictive covenant case

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The Court of Appeal has sent a firm message to developers who seek to cut corners by knowingly breaching restrictive covenants. A recent decision means that 13 units of social housing, constructed on land on which building...more

Best Best & Krieger LLP

The Revolution That Wasn’t: Us Supreme Court Refuses to Hear California Court of Appeal Case Upholding Inclusionary Zoning in West...

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Against the backdrop of a deepening affordable housing crisis in California, the U.S. Supreme Court recently declined to review a decision of the California Court of Appeal upholding the City of West Hollywood’s inclusionary...more

Pierce Atwood LLP

Mass. SJC Says Chapter 40B Doesn’t Authorize Override Of Municipally-Held Property Restriction

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In its recent decision in 135 Wells Avenue, LLC v. Housing Appeals Committee (pdf), the Massachusetts Supreme Judicial Court (SJC) confirmed that a property restriction held by a municipality cannot be overridden by the...more

Holland & Knight LLP

California "In Lieu" Affordable Housing Fees Withstand Constitutional Challenge - U.S. Supreme Court Denies Petition to Review...

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The U.S. Supreme Court on Oct. 30, 2017, denied a petition for certiorari filed by the developers of an 11-unit residential condominium project in the City of West Hollywood seeking to challenge the application by the City of...more

Holland & Knight LLP

West Coast Real Estate Update: October 2016 #1

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California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s petition...more

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