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In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more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

McGuireWoods LLP

Pending Virginia Site Plans, Special Permits and Special Exceptions to Expire July 1, 2025

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For the first time since 2009, the Virginia General Assembly has not extended the validity periods for all approved site plans, special permits and special exceptions. Under Code of Virginia Section 15.2-2209.1:1, all valid...more

Bilzin Sumberg

City of Miami Approves New Administrative Site Plan Review (ASPR) Process and Extends Life of Special Permits

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In an effort to streamline development approvals, the City of Miami has introduced a new Administrative Site Plan Review (ASPR) procedure to address projects that meet zoning requirements without requiring special permits....more

Womble Bond Dickinson

The North Carolina General Assembly's Partial Withdrawal of Zoning Authority Delegated to Local Governments

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Traditionally, “down-zoning” referred to changes in zoning that reduced the intensity of land use – such as a switch from commercial to residential zoning. As with any general district zoning effort, historically in North...more

Holland & Knight LLP

Adding Fuel to the Fires Calling for Permitting Reform

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In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...more

Nutter McClennen & Fish LLP

Massachusetts Governor Signs Two-Year Permit Extension Act

On November 20, 2024, Governor Healey signed An Act Relative to Strengthening Massachusetts’ Economic Leadership, the “Mass Leads Act,” into law. The legislation includes a two-year Permit Extension Act along with several...more

Pierce Atwood LLP

Massachusetts Governor Signs Mass Leads Act Promoting Clean Energy

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Zoning and Permitting Changes and a New Soccer Stadium on the Horizon - On November 20, Massachusetts Governor Maura Healey signed The Mass Leads Act promoting a clean energy grid, advancing equity, and protecting...more

Flaster Greenberg PC

What You Need to Know About Your New Jersey Municipality’s Zoning & Land Use Laws

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Before starting a real estate or land development project at your South Jersey home or business location, it is essential to understand the basics of municipality land use laws. In New Jersey, every municipality is...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

Otten Johnson Robinson Neff + Ragonetti PC

New Law Targets Legal Hurdles in Colorado Land Use Approvals

On May 30, 2024, Governor Jared Polis signed House Bill 24-1107 (HB24-1107) into law.  This bill implements two significant reforms applicable to legal challenges to land use approvals brought pursuant to Colorado Rule of...more

Harris Beach Murtha PLLC

NY Considers Faith-Based Affordable Housing Act to Address Housing Shortage

The Housing Construction and Community Development Committee is currently considering the Faith-Based Affordable Housing Act (the “Act”), a new law allowing religious corporations or certain religious nonprofit corporations...more

Polsinelli

SCOTUS Decision May Limit Municipalities’ Ability to Collect Impact Fees

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In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...more

Perkins Coie

Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny 

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In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings...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

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

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

Hinckley Allen

The New Year Brings New Land Use Court to Rhode Island

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The Land Use Calendar will primarily cover appeals from decisions of local review boards such as zoning boards, appeals relating to development applications, and appeals from the enactment or amendment of zoning ordinances....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

Ballard Spahr LLP

Supreme Court Case Will Clarify Constitutionality of Permit Exaction Fees

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Summary - The Supreme Court of the United States announced that it will hear a Takings Clause case under the Fifth Amendment that will clarify whether permit exaction fees authorized by legislation are exempt from the...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

Partridge Snow & Hahn LLP

New RI Legislation to Significantly Change Land Use Law and Development Process

The Rhode Island General Assembly recently passed a series of bills through both houses which were transmitted to the Governor for signature on June 19, 2023, commonly known as House Speaker Joseph Shekarchi’s housing...more

Coblentz Patch Duffy & Bass

City of Lafayette, Represented by Coblentz Patch Duffy & Bass, Prevails in Litigation Clarifying Relationship Between Housing...

In a decision partially published on November 30, 2022, Save Lafayette v. City of Lafayette, the First Appellate District Court of Appeal upheld the City of Lafayette’s approval of the Terraces of Lafayette (the “Project”), a...more

DarrowEverett LLP

If You Don’t Use It, You May Lose It: Land Development Approvals

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Picture this scenario: You have a residential development project that had conceptual approval from the local Planning Board two years ago. Under the local laws that existed when you applied for your approval, you were...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

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