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Zoning Laws Judicial Authority

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

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

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

Houston Harbaugh, P.C.

You Can’t Have Two Main Characters

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In a June 13, 2025 decision, the Pennsylvania Commonwealth Court held that a municipality impermissibly granted conditional use approval to an oil and gas well pad and interconnect facility on tax lots that were already...more

Frost Brown Todd

Short-Term Rental Bans Are Back in the Takings Spotlight

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The U. S. District Court for the North District of Illinois recently enjoined the Village of Glen Ellyn from enforcing its short-term rental ban. The court granted a request for a temporary restraining order, which...more

Cozen O'Connor

New York Note: First Debate Stage Set, Congestion Pricing to Remain, Council Passes Legislation

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Candidates Named For First Mayoral Primary Debate - Nine candidates have qualified for the first NYC Democratic mayoral primary debate on June 4, including Adrienne Adams, Michael Blake, Andrew Cuomo, Brad Lander, Zohran...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

Goulston & Storrs PC

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

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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

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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

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

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

McGuireWoods LLP

Court of Appeals Confirms Vested Rights Doctrine in Virginia

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On April 8, 2025, for the first time since its jurisdiction was expanded, the Court of Appeals of Virginia addressed in detail the doctrine of vested rights in the context of a zoning dispute in Board of Supervisors of Prince...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

Akerman LLP

Community Groups and Elected Officials Sue to Set Aside "City of Yes"

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On March 25, a group of civic associations, elected officials, and individual petitioners filed a proceeding in the Supreme Court, Richmond County, under Article 78 of New York’s Civil Practice Law and Rules (CPLR), seeking a...more

Farrell Fritz, P.C.

Hybrid Highlights: Avoiding the Pitfalls of a Land Use Litigation Technique

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All civil judicial proceedings must be in the form of an action – unless otherwise authorized by statute, i.e. in the form of a special proceeding (see CPLR 103[b]). While most lawsuits are brought solely in the form of...more

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