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Statutory Interpretation Zoning Laws

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In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

K&L Gates LLP

Understanding the Massachusetts Supreme Judicial Court’s Decision in Attorney General v. Town of Milton

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Signed into law in January 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the Communities Act) requires all 177 cities and towns with access to MBTA public transportation (e.g., commuter rail,...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

Allen Matkins

Challenging the Industrial Exodus: Legal Lessons from Santa Ana’s Planning Reboot

Allen Matkins on

The City of Santa Ana (City) has recently undertaken an ambitious — and highly controversial — effort to reshape the landscape of its historically industrial-centric Transit Zoning Code (TZC) district. Through the adoption of...more

Pierce Atwood LLP

Mass. Land Court Rules Short Term Rentals Aren’t a Lawful Accessory Use in Nantucket Zoning District

Pierce Atwood LLP on

In a case of significant interest to the legal community and especially to Nantucket property owners, the Land Court recently issued its long-awaited decision in Ward v. Town of Nantucket (pdf) (Ward II), concerning the...more

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

Solar Panels/Subdivision Covenant: Missouri Appellate Court Addresses Enforcement Issue

The Missouri Court of Appeals (Southern District) (“Appellate Court”) addressed in a May 13th Opinion an issue arising out of a homeowner installing solar panels in a subdivision. See Eikmeier v. Granite Springs Home Owners...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

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

Goulston & Storrs PC on

In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...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

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

Partridge Snow & Hahn LLP

Short Term Rentals in Rhode Island: Municipality Restrictions and Subsequent Litigation

The legality and regulation of Short Term Rentals, which in some municipalities are defined as “guest house” or “transient guest facility” uses (“STRs”), has, with the explosion in popularity and use of hosting platform...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

Perkins Coie

Award of Attorney’s Fees Warranted Where Plaintiff Lost on Most Claims But Achieved Primary Litigation Objective

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A plaintiff challenging a city council’s interpretation of a local ballot measure was entitled to recover costs and attorney fees when successful on only one cause of action because the primary relief sought was granted....more

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