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Governor Brown Signs into Law AB 229 and SB 628, Giving New Life to Tax Increment Financing

In late September, Governor Brown signed into law AB 229 and SB 628, which are intended to finance public capital facilities or other specified projects of communitywide significance previously financed by redevelopment...more

Florida’s Medical Marijuana Amendment Defeated, but Zoning Issues Loom for Charlotte’s Web Law

In our previous post about the legal challenges that have been raised in the wake of the State of Florida’s establishment of selection rules for the issuance of licenses for growing and selling medical marijuana pursuant to...more

Tuolumne Jobs Case

The California Supreme Court has just issued an opinion which may encourage the use of initiatives. At issue in the case was an initiative to adopt a specific plan to streamline approval for construction and operation of a...more

Other 2014 Environmental and Land Use Legislation: Fracking, Brownfields, State Land Conservation, Private Easements, Wood Burning...

The General Assembly passed noteworthy bills on six diverse environmental and land use subjects. Hydraulic Fracturing Waste - A deceptively simple bill concerning hydraulic fracturing waste, PA 14-200, emerged...more

California Supreme Court Holds No CEQA Review Required for a Voter Initiative-Sponsored Ordinance

In a relatively short decision, the California Supreme Court held in Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County (Tuolumne Jobs) that the California Environmental Quality Act (CEQA) does not...more

The California Supreme Court Further Limits the Scope of CEQA Review for Voter-Sponsored Initiatives in Tuolumne Jobs & Small...

Voter-driven initiatives meeting California Elections Code requirements may be adopted directly by local governments without first conducting a full review under the California Environmental Quality Act ("CEQA"), according to...more

California Supreme Court Holds CEQA Inapplicable To City’s Adoption Of Qualified Voter Initiative Approving Wal-Mart “Supercenter”...

In a concise 15-page opinion filed August 7, 2014, the California Supreme Court reversed the Fifth District Court of Appeal’s judgment which had held that a city may not adopt a voter-sponsored initiative with potential...more

FPPC Revises Regulations Regarding Conflicts of Interest Involving Real Property

The Fair Political Practices Commission recently changed its conflict of interest regulation concerning real property owned or leased by public officials. The old rule was that if an official owned (or had a long-term lease...more

Polanco Act 2.0 Set to Commence in 2014

When Governor Brown eliminated California’s redevelopment agencies with one swipe of his pen (OK, fine, he had a bit of help from the California Supreme Court as well), one of the things that got a bit lost in the ensuing...more

Local Agencies Empowered to Order the Cleanup of Contaminated Properties - Assembly Bill 440 Provides Agencies Immunity from...

Gov. Brown recently signed Assembly Bill 440 into law, providing an important tool for local agencies to force the cleanup of contaminated properties within their borders. AB 440 builds upon the Polanco Redevelopment Act...more

Governor Christie Enacts Cluster Development Legislation: Law amends MLUL to clarify authorization for cluster developments

Governor Christie yesterday signed into law legislation that amends the Municipal Land Use Law (MLUL) to expand authorization for the use of cluster developments. The legislation, S2608 (Senators Van Drew and Oroho)/A3761...more

County’s Interpretation Of General Plan Amendment Amounted To Regulatory Taking

A county interpreted a voter-enacted amendment to its general plan to prohibit the completion of a self-storage facility on property owned by Lockaway Storage, a project that was in the works before the amendment went into...more

CEQA Reform Update

This year has seen more momentum for CEQA reform than in many previous years. California’s economy has placed a spotlight on the burdens that environmental regulations and litigation, particularly CEQA litigation, impose on...more

Sale of Seneca Falls building may be decided

SENECA FALLS — The battle over the Arcade Building may be over. Supervisor Don Earle said terms of a settlement are nearing completion and should be ready by Tuesday night’s Town Board meeting. Earle said attorney...more

Supreme Court Will Review CEQA Decision From Fifth District In Wal-Mart Citizen Initiative Case

After receiving three separate petitions for review, including petitions from real parties Wal-Mart Stores, Inc. and the City of Sonora, the California Supreme Court voted unanimously on February 13, 2013 to grant review of...more

Town of Seneca Fall files petition against zoning board

SENECA FALLS — Attorney Steven Getman has served an order to show cause on the town of Seneca Falls Zoning Board of Appeals. The Seneca Falls Town Board objects to the ZBA’s decision to grant a use variance to the owner of...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

New Jersey’s Permit Extension Act Signed Into Law

Governor Christie has signed an amendment to the Permit Extension Act that extends the validity of certain development “approvals” to December 31, 2014. This was the third amendment to the Act, which was originally signed...more

CEQA Reform – Legislature Balks In 2012: What is the Starting Point for Working Group Discussions and 2013 Legislation?

In recognition of the complexity and political rancor surrounding CEQA reform, Governor Jerry Brown quipped this week that CEQA reform was "the Lord's work." Concurrent with his comments, major CEQA reforms were being...more

Florida HB503: Excitement Grows Over This New Law as a Good Thing for Florida Real Estate Development

While everyone waits for Florida Governor Rick Scott to sign HB503 into law, and it's expected that Scott will do so - no veto here - Florida real estate developers and those who work with land development are becoming more...more

Governor’s Veto Said CEQA Is Enough, No Need For Law Requiring “Economic Impact Report” For Superstores

Like the Sherlock Holmes story featuring the “dog that didn’t bark,” sometimes proposed legislation that doesn’t pass can nonetheless provide fundamental insights. A case in point: Senate Bill 469 (Vargas), the Small &...more

Governor Vetoes Economic Impact Report Requirement for Superstores

One of this year’s most controversial bills was vetoed by Governor Brown in the final minutes of October 9, 2011, his last day to act on the bill. SB 469 (Vargas), the Small & Neighborhood Business Protection Act, would have...more

Continued Downturn Leads Governor Brown To Sign Legislative Relief For Developers

On July 15, 2011, Governor Brown signed into law AB 208, a bill that offers a further extension of certain subdivision maps. The bill was originally sponsored by the California Building Industry Association in order to...more

Rogers Towers: Summary of Growth Management Overhaul (HB 7207) Passed By Legislature

The Legislature has passed and the Governor signed HB 7207, comprehensive growth management reform legislation. The legislation amends several aspects of the growth management regulatory scheme in Florida. Summary...more

Update On Redevelopment Law: No News Is...No News

This is the first in a series of blog entries monitoring the proposal to eliminate redevelopment agencies and describing alternative public funding sources for redevelopment projects. After much discussion, debate and...more

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