Zoning, Planning & Land Use

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

News & Analysis as of May 21, 2013

Federal Court Holds Local Law Preempted By ESA Settlement

by Ben Rubin | Nossaman LLP on 4/18/2013

The Palila (Loxioides bailleui) is a small bird native to Hawaii that was listed as endangered in 1967. In 1998, the U.S. District Court for the District of Hawaii, pursuant to a stipulation submitted by the parties, issued...more

County May Regulate Cultivation of Medical Marijuana

by Mona G. Ebrahimi, Jonathan Hobbs | Kronick, Moskovitz, Tiedemann & Girard on 2/14/2013

A rural county passed an ordinance to regulate the cultivation of medical marijuana. A group of individuals who are “qualified patients” challenged the constitutionality of the ordinance. The court of appeal held that the...more

Federal Government's Eminent Domain Power Trumps California's Sovereign Public Trust Title

by Sheppard Mullin Richter & Hampton LLP on 7/19/2012

The United States condemned tide and submerged lands leased by the Port of San Diego to the U.S. Navy. The Port held the lands under a trust grant from the State of California, and therefore defending the state’s sovereign...more

Preemption, Standing and Vexatious Litigants on California Supreme Court's May Argument Docket

by Sedgwick LLP on 4/12/2011

The California Supreme Court has scheduled oral arguments for May, including four civil cases. • Brown v. Mortensen: The Court will address whether the Federal Credit Reporting Act (15 U.S.C. § 1681 et seq.) preempts...more

Wiggle Room for Local Regulation of Marcellus Gas Drilling, or Potentially Reversible Error?

by Duane Morris LLP on 8/11/2010

On July 22, 2010, the Commonwealth Court of Pennsylvania decided Penneco Oil Company v. The County of Fayette, Pennsylvania,1 holding that a local "zoning" ordinance targeting natural gas drilling is not preempted by...more