Commercial Real Estate Constitutional Law Zoning, Planning & Land Use

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Are Groundwater Extraction Fees Property Related or Regulatory Fees? It Depends

Two new Proposition 218-related cases published in March come to opposite conclusions in determining whether groundwater extraction and replenishment fees are “property-related” fees subject to Article XIII D of the...more

Stemming the Blight: New Jersey Supreme Court Affirms Eminent Domain Powers

The New Jersey Constitution provides for taking of blighted property for the purposes of development, redevelopment or to clear such property of blight. ...more

Real Estate and Land Use - March 2015

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more

Lake Elsinore to use Eminent Domain to Expand Serenity Park

On Tuesday, the Lake Elsinore City Council adopted a Resolution of Necessity to acquire a 2+ acre property in order to expand Serenity Park. As Michael Williams describes in his article “City hopes to take over boat launch,”...more

How Hard Does it Have to Rain Before the Government is Liable for a “Condemnation Cloud?”

Public projects take years of planning and environmental review usually involving outreach to neighboring property owners and other stakeholders. During this process, potential right of way impacts are identified and property...more

Water District Not Liable In Inverse Condemnation When Water Pipe Breaks and Damages Property

California’s infrastructure is aging. There have been numerous reports of water line breaks and gas line leaks, and public agencies have been moving quickly to upgrade their utilities to minimize these risks and satisfy...more

Fresh Bill In Newly-Convened N.C. State Legislature Aims At Condemnation Powers

Portending what is likely to be a significant legislative session for local government powers and real property rights in North Carolina, the first "substantial" bill introduced in the 2015-2016 session of the North Carolina...more

Illinois Supreme Court Debates Retroactive Application of Landfill Cleanup Statute

In 2004, the Illinois legislature amended the Illinois Environmental Protection Act to authorize mandatory injunctions to require cleanups of landfills. But could the courts use the statute to order cleanups of older...more

Kennesaw, Georgia Back in the News: Suffa Dawat Center Files “Preventative” Lawsuit

In December, we reported that Kennesaw, Georgia’s City Council reversed its initial decision to deny an Islamic place of worship and education center in a retail shopping plaza.  Despite the approval, the applicant, Suffa...more

Glee Camp Not So Happy: Auburn’s Zoning Enforcement Action Alleged to Violate RLUIPA’s Equal Terms Provision

The First Presbyterian Church of Auburn (the “Church”) has hosted a musical theater day camp (“Glee Camp”) in Auburn, New York for approximately three years. In July of 2014, Auburn’s code enforcement officer issued a...more

Fed. Dist. Court in FL Dismisses RLUIPA Equal Terms Claim Following Notice of Violation

A pro se plaintiff filed a claim against a city code enforcement department and its officers alleging various constitutional violations as well as a violation of RLUIPA for code enforcement activity. Plaintiff owned real...more

Evangelical Church Sues Colonie, New York, Alleges Religious Discrimination, Over Delays in Land Use Approval Process

An evangelical church, Life Covenant Church a/k/a LifeChurch.tv (“LifeChurch”), is suing Colonie, New York (“Town”), the Town’s Planning Board, certain of its members, and the Town’s attorneys over allegations that the Town’s...more

St. Anthony, Minnesota to Pay $200,000 to Settle RLUIPA Suit Brought by Department of Justice

Earlier this year, we reported on the lawsuit filed by the U.S. Department of Justice (“DOJ”) against the City of St. Anthony Village, Minnesota (“City”) over the City’s denial of Abu Haraira Islamic Center’s (“Center”)...more

Township of Bridgewater, NJ to Pay $7.75 Million to Settle RLUIPA Suit Against Muslim Group

The Township of Bridgewater, New Jersey has agreed to pay nearly $8 million to settle a lawsuit over claims that its denial of Al Falah Center’s proposal to construct a mosque violated the Religious Land Use &...more

St. Michael, Minnesota’s Cinemagic Theater: Riverside Church’s New Home? No, Says City Council

The City of St. Michael, Minnesota, after several months of negotiations, has denied Riverside Church’s application to modify the City’s General Business Zoning District (“GBD”). The zoning amendment would have allowed...more

A Gun in Every Home, But Not a Mosque on Every Corner: RLUIPA Lawsuit on the Way?

On December 1, the Kennesaw, Georgia City Council voted 4 to 1 to deny a land use application by Suffa Dawat Center (the “Center”) to establish an Islamic place of worship and education center in a retail shopping plaza....more

Federal Court Enters Injunctive Order Against Bayview, Texas in RLUIPA Suit Filed by Church

We previously reported on the case Cornerstone Church by the Bay v. Town of Bayview, Texas, in which the Church and the Laguna Madre Christian Academy are suing the Town (population approx. 400) under the Religious Land Use &...more

Pa. Gas Utility May Use Eminent Domain to Supply Private Power Plant

A Lycoming County, Pennsylvania, judge recently authorized a natural gas public utility to use its eminent domain power in condemning easements for the construction and maintenance of a pipeline to supply gas to a private...more

Virginia Federal Court Clarifies RLUIPA Standing Requirements & Dismisses Substantial Burden Claim

In an important decision, the court in Aldon, LLC v. City of Newport News, Virginia (E.D. Va. Nov. 20, 2014), clarified the standing requirements under RLUIPA. Few courts have addressed RLUIPA’s standing requirements. The...more

New RLUIPA Suit: Mount Zion Church of God in Christ v. City of Garden City, Kansas

Garden City, Kansas is being sued under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the U.S. Constitution, and state law over allegations that it has discriminated against a local church, Mount Zion...more

2d Cir Extends Williamson County Ripeness "Final Decision" Requirement To ADA Claims

Ah, Williamson County. We've ranted about it before, so we won't do so here (again). But takings mavens know that a property owner must meet two tests before she can raise a takings claim against a state or local government...more

Second Circuit Restores Litchfield Synagogue's Lawsuit

A lawsuit filed by a Litchfield Jewish organization has been reinstated, giving the group new hopes it will ultimately win approval to build a 20,000-square-foot synagogue and community center near the historic...more

Keeping its Options Open: Lodi Passes Resolution of Necessity as Negotiations Continue

As we have reported in the past, public agencies are often faced with deadlines to secure possession of necessary right of way and ensure project funding. Given the amount of time it takes to secure possession through the...more

Property Reserve on Hold: Supreme Court to Review Eminent Domain Right of Entry Statutes

Just a few months ago, the California Court of Appeal handed down a significant decision in Property Reserve v. Superior Court which nearly eviscerated public agencies' ability to make use of the statutory "right of entry"...more

Supreme Court Decision on Aboriginal Title Raises Questions for Resource Development

On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (also known as the William decision). It is a long anticipated decision on two significant...more

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