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Real Estate Development Zoning Laws Appeals

Nossaman LLP

Sheetz Loses Again: Legislatively Enacted Fees Satisfy Nolan/Dollan

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In 2024, in what was heralded as a big win for developers in California, the U.S. Supreme Court upended decades of California precedent and held that legislatively enacted development impact fees must satisfy the “essential...more

Brownstein Hyatt Farber Schreck

AB 130 Withdraws Coastal Commission Appeal Jurisdiction for Certain Housing Projects

This is the eighth update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law....more

Hinckley Allen

Massachusetts Appeals Court Curbs Zoning Board Discretion in Special Permit Denial

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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

McGuireWoods LLP

Arlington Missing Middle Ordinance is Void Again — For Now

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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

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

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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

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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

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

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

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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

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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

Pierce Atwood LLP

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

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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

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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

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

Houston Harbaugh, P.C.

Drawing the Line Somewhere

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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

Stark & Stark

Navigating Historical Preservation Laws: A Guide for New Jersey Businesses

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In a state with as rich a history as New Jersey, new business projects can quickly be sidetracked or delayed by rules meant to encourage historical preservation. New businesses must plan for potential delays when developing...more

Farrell Fritz, P.C.

Restrictive Covenants: The Devil Is in the Details…

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Restrictive covenants are common conditions of zoning approvals. Municipal boards typically require applicants to record restrictive covenants as a condition of approval. These restrictive covenants are drafted to “run with...more

BCLP

Planning and Infrastructure Bill - NSIP Changes

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The infrastructure measures in the Planning and Infrastructure Bill introduce amendments, principally to the Planning Act 2008, that aim to make the NSIP regime faster and more flexible to support the Government’s major...more

DarrowEverett LLP

Legal Guidance Can Be Key in Navigating Rhode Island Land Use Matters

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Land use matters in Rhode Island are often challenging to interpreappt and navigate. In fact, the Ocean State is known for having among the most restrictive policies for zoning and land use control in the U.S. It’s not hard...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

Lowndes

Recent Court Decisions Highlight Zoning Enforcement Challenges

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The Eleventh Judicial Circuit Court, sitting in its appellate capacity, recently found in two similar cases that Miami-Dade County violated property owners’ due process rights by citing them for code violations using...more

Carlton Fields

Zoning Appeals: Have We Been Doing This Wrong for 30 Years?

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Since the end of 1993, Florida land use and zoning lawyers have been taught the basics: a rezoning hearing is quasi-judicial in nature and appeals of the decision go to circuit court on certiorari review. Why is this? Because...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

Miller Starr Regalia

Third District Addresses Significant CEQA Issues In Mixed Decision On Placer County’s EIR For Specific Plan/Rezoning Allowing...

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In a sprawling, 123-page published opinion filed on February 14, 2022, the Third District Court of Appeal affirmed in part, and reversed in part, judgments in consolidated CEQA actions challenging Placer County’s EIR for its...more

Sheppard Mullin Richter & Hampton LLP

NY Court of Appeals Decides Who Gets Access to Required “Open Space”

This past week, in a 4 to 3 decision, New York’s highest court – the Court of Appeals – decided an important New York City land use question regarding how “open space” is accessed by residents on a zoning lot with multiple...more

Farrell Fritz, P.C.

Court Upholds Zoning Board’s Denial of Gas Station’s Area Variance Application

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In Matter of Magid Setauket Assoc., LLC v The Town of Brookhaven Bd. of Zoning Appeals, the petitioners were the owner and the operator (“Petitioners”) of a Shell gas station located in the Old Setauket Historic District (the...more

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