News & Analysis as of

Urban Planning & Development Appeals Construction Industry

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

Sheppard Mullin Richter & Hampton LLP

California Supreme Courts Holds Categorical Classification of Well Permits As Exclusively “Ministerial” Does Not Hold Water

After a nearly two-year wait, in Protecting Our Water and Environmental Resources v. County of Stanislaus (2020) __ Cal.5th ____ (POWER), the California Supreme Court unanimously rejected the County of Stanislaus’s (County)...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

Farrell Fritz, P.C. on

Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Pierce Atwood LLP

Mass. Appeals Court Upholds Somerville’s Union Square Revitalization Plan

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In 2012, the City of Somerville, the Somerville Redevelopment Authority (SRA), and the Massachusetts Department of Housing and Community Development approved the Union Square Revitalization Plan (the Plan), an urban renewal...more

Sheppard Mullin Richter & Hampton LLP

EIR for Downtown San Francisco Mixed-Use Project Upheld Under Supreme Court’s Newly Articulated Standard of Review

The belatedly published South of Market Community Action Network v. City and County of San Francisco (2019) ___ Cal.App.5th ___ (“South of Market”), is the first published decision in which the court applies the principles...more

Downey Brand LLP

First District Rejects “Location Exception” for Project in Earthquake Fault and Landslide Areas and Affirms Class 3 Exemption for...

Downey Brand LLP on

In Berkeley Hills Watershed Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880 [certified for partial publication], the Court of the Appeal for the First District affirmed that the construction of three new single-family...more

Farrell Fritz, P.C.

Appellate Division Upholds Village of East Hampton’s Local Laws Enacted in 2015 Amending Zoning Code Provisions for Gross Floor...

Farrell Fritz, P.C. on

In 2015 the Village of East Hampton enacted five local laws reducing the maximum allowable gross floor area for residences, reducing the maximum permitted coverage for all structures, reducing the maximum allowable gross...more

Farrell Fritz, P.C.

Defective SEQRA Determination Derails South Nassau Cultural Center

Farrell Fritz, P.C. on

A recent decision from the Nassau County Supreme Court, Healy v. Town of Hempstead Board of Appeals, overturned a municipal determination that granted special zoning exceptions and variances to a Greek Orthodox Church located...more

Latham & Watkins LLP

CEQA Case Report Year in Review 2017: Understanding the Judicial Landscape for Development

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California higher courts rule in favor of public agencies on small majority of environmental impact report cases. Over the course of 2017, Latham lawyers reviewed all 46 California Environmental Quality Act (CEQA) cases,...more

Perkins Coie

CEQA Year In Review 2017

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the...more

Farrell Fritz, P.C.

SEQRA Remains a Hot Topic for the NY Court of Appeals in Friends of P.S.163 v Jewish Home Lifecare and New York State Dept of...

Farrell Fritz, P.C. on

On December 12, 2017, the New York State Court of Appeals issued a joint decision on the appeal of two Article 78 proceedings challenging the same proposed development....more

Nossaman LLP

Ninth Circuit Rejects Challenges to Arizona Highway Project

Nossaman LLP on

On December 8, 2017, the Ninth Circuit Court of Appeals unanimously rejected two challenges to the 20-mile South Mountain Freeway Project in Phoenix, Arizona. The decision is the latest in a series of court decisions...more

Farrell Fritz, P.C.

When Governmental Entities Collide – Local Zoning Codes May Be The Loser

Farrell Fritz, P.C. on

A recent decision by the Appellate Division decided that a village zoning code was inapplicable to a water district. As a result, the water district was able to proceed with replacement of one of its massive elevated water...more

Holland & Knight LLP

California Appellate Court Upholds Negative Declaration for County "Up-Zoning" Ordinance - Aptos Council v. County of Santa Cruz...

Holland & Knight LLP on

Aptos Council v. County of Santa Cruz ruling also clarifies CEQA "Piecemeal" Doctrine - The Sixth District Court of Appeal's recent decision in Aptos Council v. County of Santa Cruz provides useful California...more

Farrell Fritz, P.C.

Failure To Seek Preliminary Injunctive Relief Supports Motion To Dismiss And Renders Appeal Academic

Farrell Fritz, P.C. on

On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic” on the grounds that during the pendency of the appeal, the land use development...more

Perkins Coie

Risks to Open Space Designated in General Plan’s Open Space Element a Valid Ground for Denying Application to Subdivide a...

Perkins Coie on

A city may deny a proposed mobilehome park subdivision that is inconsistent with the open space element of its general plan, according to the recent court of appeal decision in Carson Harbor Village, Ltd. v. City of Carson,...more

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