News & Analysis as of

Real Estate Development Appeals

Hinckley Allen

Massachusetts Appeals Court Curbs Zoning Board Discretion in Special Permit Denial

Hinckley Allen on

The various approvals, permits, orders of conditions, and the like that may be required to proceed with work on a given project can seem daunting at times.  And when a project’s proposed use is not automatically authorized...more

Phelps Dunbar

You Can Pay Me Now, or…

Phelps Dunbar on

The Utah Court of Appeals delivered a significant ruling – including its length, approximately 12,500 words – underscoring the critical importance of adhering to contract provisions, particularly regarding payment terms in...more

McGuireWoods LLP

Arlington Missing Middle Ordinance is Void Again — For Now

McGuireWoods LLP on

In another twist to Arlington’s Missing Middle saga, on July 8, 2025, the Virginia Court of Appeals set aside its ruling from two weeks earlier reinstating Arlington County’s Expanded Housing Option (EHO) ordinance and...more

Gordon Rees Scully Mansukhani

Construction Law Update – Second Quarter 2025

GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....more

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

Stormwater Runoff/Residential Development: Arkansas Court of Appeals Addresses Jurisdictional Issue

The Court of Appeals of Arkansas (“Court”) addressed in a May 14th Opinion a jurisdictional dispute involving alleged residential development stormwater runoff issues. See Centofante, et al. v. Ferguson, 2025 WL 1386368. ...more

Nossaman LLP

Legislatively Enacted Fees Have Another Day in Court

Nossaman LLP on

On Tuesday, June 24, 2025, the California Court of Appeal heard argument in Sheetz v. County of El Dorado. You may recall that the California Court of Appeal previously held that legislatively enacted development impact fees...more

McGuireWoods LLP

Virginia Court of Appeals Overturns Arlington Missing Middle Decision

McGuireWoods LLP on

On June 24, 2025, the Virginia Court of Appeals overturned the Circuit Court of Arlington County’s decision invalidating Arlington County’s Expanded Housing Option (EHO) ordinance, commonly known as the “Missing Middle”...more

Downey Brand LLP

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

Downey Brand LLP on

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...

Miller Starr Regalia on

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

Foley & Lardner LLP

Eighth Circuit Affirms Summary Judgment to Insurer in Dispute with Construction Project Owner Over Lost Rental Income

Foley & Lardner LLP on

On Monday, June 9, 2025, the Eighth Circuit Court of Appeals ruled that a Missouri real estate developer could not recover insurance proceeds for lost rental income arising out of a retaining wall failure that caused delays...more

Troutman Pepper Locke

IEEPA Tariffs to Remain Temporarily Despite Adverse Ruling; Aluminum and Steel Tariff Rate Increased

Troutman Pepper Locke on

On May 28, the U.S. Court of International Trade ruled that the tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA) were unlawful. In the case of V.O.S. v. United States, the court...more

Miller Starr Regalia

Third District Holds County Could Require Supplemental Environmental Information From Grading Permit Applicant As Condition of...

Miller Starr Regalia on

Like a gift to land use lawyers that never stops giving, the strange and wondrous interrelationship between CEQA and the Permit Streamlining Act (“PSA”; Gov. Code, § 65920 et seq) continues to inspire litigation and require...more

Lowndes

Just Argued: Florida Supreme Court Tackles Property Law Shake-Up That Could Hit Property Owners and Developers Alike

Lowndes on

This morning, the Florida Supreme Court heard RJ’s International v. Crown Castle, a high-stakes case poised to reshape how contractual terms in property agreements affect future landowners. The justices are weighing whether...more

Keating Muething & Klekamp PLL

Ohio House Bill 113, 136th General Assembly, Regular Session

Ohio law empowers real property owners, acting collectively, to petition their local board of county commissioners to annex real property out of a township and into a municipality. If the subject property is less than 500...more

Perkins Coie

VMT Thresholds Must Be Based on Substantial Evidence Specific to Local Conditions

Perkins Coie on

The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland...more

Perkins Coie

Pre-1972 Conveyance of Multiple Lots Did Not Create Separate Legal Parcels Under Map Act

Perkins Coie on

Under the Subdivision Map Act, the creation of legal parcels prior to 1972 requires more than a deed referencing multiple lots—only a conveyance that separates a portion of land from contiguous property creates a new legal...more

Alston & Bird

Land Use Matters | May 2025 | CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

City of Los Angeles - Expedited and Streamlined Review Process for Community Rebuilding - On March 18, 2025, Mayor Karen Bass issued Revised Emergency Executive Order No. 1 (EO 1) directing the Department of City Planning,...more

Hinckley Allen

Massachusetts Appeals Court Reaffirms Ways In Which Building Permits May Be Automatically Extended

Hinckley Allen on

Those familiar with construction in Massachusetts know all too well the numerous types of building permits, approvals, orders of conditions, and the like that may be required to proceed with construction work on a given...more

Pierce Atwood LLP

More good news for housing production: Mass. Appeals Court rules legislative permit extensions stack on top of equitable tolling

Pierce Atwood LLP on

Last week, in an important decision for land-use and development lawyers, the Massachusetts Appeals Court ruled in Palmer Renewable Energy, LLC v. Zoning Bd. of Appeals of Springfield that permit extensions granted by the...more

Nossaman LLP

Inverse Condemnation Liability Does Not Extend to Failure to Prevent Actions of Another Party

Nossaman LLP on

Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property?  This one is pretty simple:  the answer is no....more

Downey Brand LLP

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

Downey Brand LLP on

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

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

Water Services/Public Water System: Tennessee Appellate Court Addresses Service Area Dispute

The Court of Appeals of Tennessee (“Court”) addressed in an April 22nd Opinion an issue arising out of the right to provide water services in a particular area. See MILCROFTON UTILITY DISTRICT OF WILLIAMSON COUNTY, TENNESSEE...more

Whiteford

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

Whiteford on

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

Bressler, Amery & Ross, P.C.

Enforceability of Arbitration Clauses in NJ Developer Purchase Agreements

When disputes arise between developers and purchasers, it is important to ensure that the developer’s preferred forum of dispute resolution is enforceable in the purchase contract. In particular, arbitration clauses, which...more

Houston Harbaugh, P.C.

Drawing the Line Somewhere

Houston Harbaugh, P.C. on

What Happens When a Parcel is Split Zoned?- Municipal zoning maps frequently include the entirety of a lot or a tax parcel within a given zoning district. But, sometimes zoning maps do not do this. Sometimes, zoning maps...more

201 Results
 / 
View per page
Page: of 9

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide