Residential Real Estate Zoning, Planning & Land Use

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Searching for the Heart of the Doctrine of Vested Rights Part II

On July 7, 2015, we posted “Searching for the Heart of the Doctrine of Vested Rights.”(See here) In that post, we compared a Court of Appeals’ decision in a public school teachers’ vested rights case with a decision of the...more

Update: California Supreme Court Oral Arguments

Today, the California Supreme Court heard oral arguments in the Property Reserve v. Superior Court case. Today was also the day the Court began showing live webcasts of oral arguments online, so I was able to not only hear...more

West Coast Real Estate Update: May 2016

IRS Reevaluates "Bad Boy" Carve-Outs - Before providing a non-recourse loan to a Limited Liability Company (LLC) – i.e., one for which the LLC members do not bear the risk of economic loss – a lender often will require...more

Short-Term Rentals Spur Discord at Neighborhood Level

The debate over short-term vacation rentals is increasingly pitting neighbor against neighbor. Despite the failure of San Francisco’s high-profile Proposition F, which would have limited short-term rentals to 75 days per year...more

City of Perris v. Stamper Oral Arguments Are Next Week

If you are an eminent domain junkie like us, then you will appreciate knowing that the City of Perris v. Stamper case (S213468) will be heard by the California Supreme Court on May 5, 2016, at 9:00 a.m. in San Francisco. As a...more

Land Use Matters: Alston & Bird LLP, April 2016

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Landmark Discrimination Case: Fair Housing Act Thwarts NIMBYs - Avenue 6E Investments, LLC v. City of Yuma (March 25, 2016)

Why It Matters: The Ninth Circuit Court of Appeals reversed a decision in favor of the City of Yuma, Arizona, and concluded instead that there was sufficient evidence to present to a jury that the City had rejected the...more

Religious Institutions Update: May 2016

Timely Topics - Has your nonprofit received a donation for a restricted purpose that has become impractical, impossible to achieve, wasteful or even unlawful? A donor may restrict a contribution to a charity for a...more

El cielo es el límite

El cambiante paisaje urbano de Miami se prepara para su mayor mejora hasta el momento. Con la última decisión de la Administración Federal de Aviación de EE. UU. de permitir que los edificios alcancen una altura de 320 metros...more

Homeowners Cannot Recover for Blocked Views of Hollywood Sign

One of the most valuable assets many homeowners enjoy is their property’s view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief? In Boxer v. City of Beverly...more

Are long-term leases that are not in registrable form in breach of the Planning Act (cap 232)? - A case study of Golden Village...

Under the Planning Act (Cap 232), leases of certain tenure (taking into consideration their renewal terms, if any) may constitute a subdivision for which subdivision permission is required. This issue was considered and...more

Montgomery County Subdivision Staging Policy Revamped

The Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission (“Planning Board”) is updating the Subdivision Staging Policy (“SSP”). We anticipate practical and innovation changes will be...more

Update – City of Los Angeles Releases List of 13,500 Soft First Story Buildings Targeted for Earthquake Retrofitting

The City of Los Angeles Department of Building and Safety (DBS) has released its list of wood frame soft-story buildings that may be required to undergo mandatory retrofitting. The list can be obtained by request to DBS, and...more

Municipalities May Not Grant Preferential Parking to Residents Based on Dwelling Type

California Attorney General Addresses Local Preferential Parking Regulations - Local authorities may not institute preferential parking regulations that discriminate among residents based on the residents’ dwelling type,...more

According to the Right and Good of Ancient Law

“You don’t know what you don’t know” is a popular catchphrase. So, do you know what a “betterment” is and how the law of betterments operates? Land use law has ancient roots. Sometimes, a case requires an appellate...more

Coming Soon To A Roof Near You: Solar Panels (At Least If You Live in SF)

This week, the San Francisco Board of Supervisors enacted an ordinance that will require that the developers of all new buildings of 10 floors or less that apply for building permits after January 1, 2017 install solar PV or...more

For Virginia Land Use, Local Governments Have To Follow The Rules

Starting July 1, 2016 Virginia local governments must, in reviewing a residential rezoning or concept plan amendment, determine whether a requested land use exaction addresses an impact that is “specifically attributable” to...more

MassDEP Proposes Revisions to Facilities of Public Accommodation Regulations

After a multi-year study process involving an advisory group of stakeholders, the Department of Environmental Protection (MassDEP) is proposing revisions to regulations implementing the state waterways licensing program under...more

Can You Evict Tenants for Renting Out Their Apartments for Short-Term Use?

A recent decision from the Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running a transient occupancy (short-term rental) business out...more

Increased Costs Shifting South Florida Apartment Construction

At the Miami Finance Forum’s recent panel discussion regarding the current status of South Florida commercial real estate, panelist commercial developers stated they are responding to strong tenant demand across all sectors....more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19436 - Miller v. Appellate Court - When the appellant’s attorney kept missing deadlines and failed to comply with other Appellate Court rules in four pending appeals, one...more

Two San Diego Projects Moving Forward

There are two interesting projects in San Diego County that are moving forward, both of which involve at least some use of eminent domain. The San Marcos Creek Specific Plan is proceeding in, not surprisingly, San...more

Major Takeaways from American Planning Association’s National Conference

Several R+C Land Use Group lawyers just returned from the American Planning Association’s National Conference in Phoenix, Arizona. The conference is a great opportunity to get together with planners from across the country,...more

Mayor Emanuel introduces ordinance modifying Chicago’s downtown district boundaries and bonus structure

Chicago Mayor Rahm Emanuel has introduced an ordinance to the Chicago City Council that makes transformative changes to the Downtown districts and available floor area bonuses. The following is a summary of some of the...more

Supreme Court of South Carolina sides with MERS in Kubic v. MERSCORP Holdings, Inc.

On March 30 2016, the Supreme Court of South Carolina weighed in on the attempts of several South Carolina counties to make Mortgage Electronic Registrations Systems, Inc. (MERS), and its member banks pay for the correction...more

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