Commercial Real Estate › Zoning, Planning & Land Use › Administrative Law

Massachusetts Smart Growth Zoning Reform Bill On Fast Track to Passage?

58 Legislators Pushing Comprehensive Zoning Reform Bill “Inclusionary Zoning” Provision May Expand Controversial 40B Law With “Smart Growth” advocates strongly behind them, a cadre of Beacon Hill lawmakers are pushing a...more

Hoku Lele, LLC v. City and County of Honolulu

Opinion of the Hawaii Intermediate Court of Appeals

The Hawaii Intermediate Court of Appeals, in a unanimous panel opinion authored by Judge Foley, held that a "zoning verification" by the Director of the City and County's Department of Planning and Permitting is not a "action...more

The Accessibility for Ontarians with Disabilities Act

The Accessibility for Ontarians with Disabilities Act, 2005 (the "Act") was enacted in 2005. The Act recognizes "the history of discrimination against persons with disabilities in Ontario" and has, as its primary purpose,...more

BuildSouth: Considering Construction Delivery Methods On Public Works

Originally Published In BUILDSouth, Winter 2013. Historically, in Alabama, the project delivery methods available for owners to de-sign and construct private projects have differed from those delivery methods available...more

Virginia Supreme Court Opinion Affecting Local Government Law, January 10, 2013

Today, the Virginia Supreme Court issued one opinion affecting Virginia local government law. Congratulations to the County of Albemarle and the City of Charlottesville! The Local Government Attorneys of Virginia supplied an...more

The ASTM Standard Practice for Phase II Environmental Site Assessments

Originally published in the Environment Reporter, 43 ER 3080, 11/30/2012. Phase II Site Assessments - This article reviews the background of the revised Phase II Environmental Site Assessment Standard issued in...more

EPA Provides Comfort to Prospective Tenants at Contaminated Properties

Revised guidance details how tenants may benefit from the bona fide prospective purchaser protections under CERCLA. The U.S. Environmental Protection Agency (EPA) on December 5 issued revised guidance that addresses...more

Mississippi CON Report - December 13, 2012

In This Report: - I. November 29, 2012 - Mississippi Certificate of Need Meeting - II. 2013 State Health Plan Approved - III. Certificate of Need Program Report – Filings/Reports Since October 2012 CON Meeting -...more

Alabama CON Report - December 12, 2012

In This Issue: - I. Certificate of Need Program - II. For Informational Purposes Only - III. OLD BUSINESS - IV. NEW BUSINESS - Excerpt from Certificate of Need: A. Emergency Application...more

State Mandated Accessibility Inspections

In September 2012, the State Senate created a new state mandated local program by enacting S.B. 1186 which requires local agencies fund increased Certified Access Specialist (“CASp”) services. CASps work for local...more

Town board votes to sue town ZBA

SENECA FALLS — Following a 100-minute closed-door session Tuesday night, the Town Board voted to sue the town Zoning Board of Appeals over a recent decision regarding a downtown building. The board takes issue with the...more

City May Adopt Housing Element Revisions Inconsistent With General Plan If City Also Adopts Timeline To Correct Inconsistencies

Recently, the Fourth District Court of Appeal in Friends of Aviara v. City of Carlsbad affirmed the trial court’s judgment directing the City of Carlsbad to adopt a timeline for proposed changes to its general plan that would...more

Resilient Masonry Buildings — Saving Lives, Livelihoods and the Livability of Oregon’s Historic Downtowns

Originally published in the Historic Preservation League of Oregon (“HPLO”) Special Report on October 25, 2012. The Purpose of the Preservation Roundtable; Why This Matters; Executive Summary; Background & Definition of...more

NH Supreme Court Rules That State Law Preempts Municipal Restrictions on Excavation Permitting

On November 9, 2012, the New Hampshire Supreme Court issued its decision in Town of Carroll v. Rines (“Rines”), invalidating certain municipal regulations that limited excavations....more

National Academy of Sciences Group Recommending Methods to Facilitate Transition of Cleanup Programs from Problem Identification...

The National Research Council, an arm of the National Academy of Sciences (NAS), today released a report, “Alternatives for Managing the Nation’s Complex Contaminated Groundwater Sites” (available from the National Academies...more

Minor Deficiencies And Inaccuracies In Environmental Impact Report Did Not Prejudice The Environmental Review Process

A court of appeal recently upheld an environmental impact report which only analyzed the proposed project and the no project alternative, upholding the lead agency’s conclusion that none of the proposed alternatives were...more

I Saw the Sign, and It . . . Was Taken Down?

Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more

EIR Satisfies CEQA Despite Minor Deficiencies and Inaccuracies Where Environmental Review Process Not Prejudiced, Third District...

A unanimous Third District panel upheld SiskiyouCounty’s EIR for Roseburg Forest Products Co.’s (Roseburg) electricity cogeneration project involving expansion of its existing wood veneer manufacturing facility. (Mount Shasta...more

Further Confirmation Notice of Exemption Filed Before Project Approval is Void

Coalition for Clean Air v. City of Visalia (Oct. 4, 2012, No. F062983M)- The partially published opinion in Coalition for Clean Air v. City of Visalia brightened the line regarding when a California Environmental Quality...more

What you need to know today about Municipal Improvement Districts (Presentation)

In This Presentation: Municipal Improvements Act; The Governing Body and MID; Authorized Improvements; Common Questions; Criteria for the MID; Common Questions; and Boundary Issues. Excerpt from Municipal...more

Fee-in-Lieu of Tax (“FILOT”) and Multi-County Park (“MCP”) / Special Source Revenue Credit (“SSRC”) Arrangements - Developer...

In This Presentation: FILOTs and MCPs/SSRCs – Developer Issues ..Basic Property Taxes Calculation ..FILOTs – The Basics ..Developer FILOT Project Scenario ..Developer FILOT Arrangements ..Key Issues in...more

Prematurely Filed Notice Of Exemption Does Not Trigger 35-Day Limitations Period In CEQA Actions

A court of appeal recently concluded that a notice of exemption filed before a project is actually approved is invalid and does not trigger the 35-day limitations period in which to bring a California Environmental Quality...more

Alabama CON Report - September 19, 2012

In This Issue: - I. CERTIFICATE OF NEED PROGRAM - II. For Informational Purposes Only – Reviewability Determinations and Pending Reviewability Determinations - III. OLD BUSINESS - IV. NEW BUSINESS -...more

Horse Tracks as Concentrated Animal Feeding Operations?

As expanded gambling brings renewed interest and attention to horse racing, tracks need to be sure to not make a bad bet on environmental compliance. ...more

Massachusetts Environment and Energy Developments

This month, Governor Patrick signed legislation that will impact energy, environment, and development in the Commonwealth. On August 8, 2012, the so-called Jobs Bill (Act Relative to Infrastructure Investment, Enhanced...more