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Zoning, Planning & Land Use Education

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

From IDOT to School Gardens: Providing Sanctuary for Monarch Butterflies

by Franczek Radelet P.C. on

The Illinois Department of Transportation (IDOT) recently joined a national campaign to protect endangered monarch butterflies. As of May 2017, IDOT is mowing only 15 feet from the edge of roadways, reducing the total amount...more

New Jersey Township’s Recently Enacted Ordinances Alleged to Violate RLUIPA

Earlier this month, Agudath Israel of America Inc. (“Agudath Israel”) sued the Township of Jackson, New Jersey (“Jackson”), challenging Jackson’s recently-enacted land use ordinances restricting schools from all but three...more

School Districts not Exempt from Paying Assessments to Fund Flood Control Services - California Appellate Court Finds...

by Best Best & Krieger LLP on

An assessment to fund flood control and drainage services imposed by a county reclamation district on a school district was upheld Friday by a California appellate court. The court found that the trial court erred in...more

Fresh developments in regulations on private schools

by Hogan Lovells on

As a breakthrough in the education area, the Amendment to the Law of Promoting Privately Run Schools has categorized private schools into for-profit ones and non-for-profit ones, and stipulates that private schools for...more

California to Require Domestic Water Suppliers to Test School Drinking Water for Lead

by Best Best & Krieger LLP on

The State Water Resources Control Board recently adopted an amendment to all Domestic Water Supply Permits it issues to public water systems that supply drinking water. The amendment requires domestic water suppliers for...more

Downtown Parking Lot Facelift Starts With The Collective

by Tonkon Torp LLP on

Construction is underway for one of the first of many development projects slated for downtown surface parking lots owned by the Goodman family's Downtown Development Group (www.ddgportland.com). Due to open in fall of 2018,...more

County Boards of Education Cannot be Exempted from Local Zoning Requirements

by Miller Starr Regalia on

On January 24, 2017, the Court of Appeal for the Sixth Appellate District interpreted Government Code section 53094 and held that, unlike school districts, county boards of education cannot be exempted from local zoning...more

California Supreme Court Addresses CEQA Supplemental Review; Rejects “New Project” Test

by Latham & Watkins LLP on

Recent decision resolves appellate split regarding standard of review for agency decision to prepare supplemental environmental review. On September 19, the California Supreme Court held that the substantial evidence...more

California Supreme Court Addresses Subsequent Review Under CEQA; Rejects Lishman “New Project” Test

by Latham & Watkins LLP on

In an opinion by Justice Kruger, the Supreme Court of California unanimously reversed the Court of Appeal in Friends of the College of San Mateo Gardens v. San Mateo County Community College District, Cal. Supreme Court, Case...more

California Supreme Court Invalidates "New Project" Test - Court Upholds Use of Addendum to Mitigated Negative Declaration Under...

by Holland & Knight LLP on

In a major win for agencies and project sponsors, the Supreme Court of California affirmed that addenda can appropriately be used to consider modifications to a previously approved negative declaration or Environmental Impact...more

Ocean, NJ ordered to allow Yeshiva boarding school

In January of this year, Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) filed a 79-page complaint in federal court against the Township of Ocean, New Jersey, and the Township’s Zoning Board of Adjustment (the “Township)...more

Prevailing RLUIPA Defendant Denied Attorneys’ Fees

This summer, we reported that Genoa Charter Township prevailed in a lawsuit filed by Livingston Christian Schools (LSC), which claimed that the Township violated RLUIPA’s substantial burden provision, the First Amendment to...more

New Complaint Challenges Constitutionality of Connecticut Educational System

by Shipman & Goodwin LLP on

On August 23, 2016, four Connecticut parents, on behalf of themselves and their seven children, filed a 71-page complaint in the United States District Court for the District of Connecticut against Governor Dannel Malloy and...more

Zoning Law Applicable to School Districts Signed into Law

by Franczek Radelet P.C. on

On August 25, 2016, Governor Rauner signed into law Public Act 99-890, which is the result of an effort by the education community to temper the effect of the recent Supreme Court decision in Gurba v. Community High School...more

Religious Institutions Update: August 2016

by Holland & Knight LLP on

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

“Hot Bench” For Advocates In Supreme Court CEQA Subsequent Review Case

by Miller Starr Regalia on

The California Supreme Court held a lively oral argument session this morning (May 4, 2016), at 9:00 a.m. in its San Francisco courtroom in the case of Friends of the College of San Mateo Gardens v. San Mateo Community...more

Virginia Supreme Court Opinions Affecting Local Government Law: December 17, 2015, January 14, 2016 and February 12, 2016

by Sands Anderson PC on

The Virginia Supreme Court issued opinions on February 12, 2016, just before Jane Marum Roush’s second interim gubernatorial appointment to the Virginia Supreme Court expired....more

Purpose built student accommodation (PBSA) to be exempt from Private Housing (Tenancies) (Scotland) Bill

by DLA Piper on

On 3 February the Scottish Government published their response to the Infrastructure and Capital Investment Committee’s Stage 1 report on the Private Housing (Tenancies) (Scotland) Bill. The report contains the following...more

New California Laws Impacting Public Agencies

by Best Best & Krieger LLP on

This comprehensive round-up includes new legislation that will impact cities, counties, special districts and schools. There were many bills passed by California lawmakers this year that will impact municipalities and...more

First District Reissues Slightly Modified Opinion on Retransfer From Supreme Court Rejecting Most CEQA Challenges to Cal State...

by Miller Starr Regalia on

On November 30, 2015, following a grant and retransfer from the California Supreme Court and reconsideration in light of City of San Diego v. Board of Trustees of California State University (2015) 61 Cal.4th 945, the First...more

School district’s condemnation of a private road passes the test

by Snell & Wilmer on

The power of eminent domain allows a government or quasi-governmental entity to condemn (take) private property for a public use upon a showing of necessity. In exchange, the property owner must receive “just compensation”...more

Regents’ Approval Authorizes UC Merced 2020 Project to Move Forward

by Nossaman LLP on

The Regents of the University of California (the “Regents”) approved the commercial terms of the P3 agreement for the UC Merced 2020 Project (the “Project”) on Thursday, November 19, 2015 at the Regents meeting held in San...more

Lake County, Florida Impact Fees to Increase

by Akerman LLP on

Beginning January 11, 2016, Lake County educational impact fees will increase to $9,324.00 for single family units, $8,045.00 for multi-family units and $5,856.00 for mobile homes located within mobile homes parks....more

Real Estate and Land Use - September 2015 #2

Use It or Lose It: San Clemente Required to Refund $10 Million in Unused Impact Fees: Walker v. City of San Clemente (August 28, 2015, G050552) - Why It Matters: In a strict reading of a local agency’s...more

Land Use Matters: Alston & Bird LLP, September 2015

by Alston & Bird on

The 1st District Court of Appeal invalidated the use of a statutory exemption applicable to the State Lands Commission’s (SLC) approval of a land exchange. The land exchange related to the 8 Washington Street Project, which...more

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