Zoning, Planning & Land Use Civil Procedure Constitutional Law

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Right of Entry Statutes Are Back in Business – For Now

For decades, California public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with acquiring the...more

NJ Developer Gets Green Light for Antitrust Suit as Rival Supermarket Owner Seeks to Block Wegmans

The Third Circuit Court of Appeals issued a precedential opinion last week when it ruled that a New Jersey real estate developer had standing to pursue antitrust claims against the owner of a nearby ShopRite who engaged in...more

Third Circuit Provides Clarity to “Inextricably Intertwined” Basis of Antitrust Injury in Partially Reinstating Claims Against...

On November 12, 2015, the Third Circuit Court of Appeals issued an opinion partially reversing the dismissal of the plaintiff’s claims in Hanover 3201 Realty, LLC v. Village Supermarkets, Inc., finding that plaintiff Hanover...more

Update: Nomadic Church and Delanco Township Consent Order

On November 3, we reported that My Father’s House Ministry, Inc. (Church) sued Delanco Township, New Jersey after denial of the Church’s application for a use variance . (See our November 3 post). Based on the parties...more

Hope Rising Church Hoping for a Preliminary Injunction

In June 2014, Plaintiff Hope Rising Community Church sought to establish a place of worship in Penn Hills, Pennsylvania. According to its complaint, Pastor Harry Hoff met with Penn Hill’s planning and code enforcement...more

Supreme Court Takes on Housing Discrimination

Court rules that actions that disproportionally affect minority groups can support lawsuits under the Fair Housing Act. The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor...more

Disparate Impact Claims Fair Game under the Fair Housing Act

The United States Supreme Court, in a five-to-four decision in June, brought housing discrimination law ever-so-slightly more in line with Title VII of the Civil Rights Act of 1964 (“Title VII”) by holding that claims of...more

Land Use & Natural Resources Case Law Update Second Quarter 2015

Banning Ranch Conservancy v. City of Newport Beach - 236 Cal.App.4th 1341 - This case involved the City of Newport Beach’s approval of a mixed-use development project on land located within the coastal zone. Banning...more

If At First You Succeed, Don’t Try, Try, Try Again

The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_Stanislaus, No. F069145...more

CT Law of the Land

Week of July 6 - In June 2015, the Connecticut Appellate Court issued two significant land use decisions summarized below. In the first decision the Court analyzed when a town’s zoning regulation might be deemed void...more

Supreme Court Decides Two First Amendment Cases

Two recent Supreme Court decisions provide timely guidance on the First Amendment implications of publicly displaying the Confederate Flag or other symbols or signage related to protected beliefs. First, in Walker v. Sons of...more

Arizona Town's Content-Based Sign Rules Struck Down by U.S. Supreme Court

Local agencies urged to review sign codes in favor of content-neutral rules - The United States Supreme Court recently struck down portions of an Arizona town’s sign code that subjected ideological, political and...more

Supreme Court Strikes Down Ordinance Regulating Directional Signs

In the case of Reed v. Town of Gilbert, the United States Supreme Court recently issued a significant decision regarding municipal sign regulation The Town of Gilbert regulated signage differently based on the content of the...more

RLUIPA Suit Looms After Controversial Connecticut Church Denial

The Danbury Zoning Board of Appeals denied a church’s application for variances to develop an 18-acre parcel with a house of worship and priest residence. Now, Danbury could join the list of Connecticut municipalities that...more

Irrigation District Sues, Says State Board Lacks Jurisdiction to Curtail Senior Water Rights

On June 26, the Byron-Bethany Irrigation District (BBID) filed a petition for writ of mandate in Contra Costa County Superior Court requesting that the Court set aside the State Water Resources Control Board’s June 12, 2015...more

Government & Regulatory Law Update June 2015: United States Supreme Court Strikes Down Local Sign Ordinance: Content-Based...

Decades of case law demonstrates that differentiating based on content when regulating speech is an almost certain death knell. The line between content-based and content-neutral regulations, however, has often been hazy,...more

Signs Signs, Everywhere a Sign: U.S. Supreme Court Decides Reed v. Town of Gilbert

The Supreme Court of the United States handed down today an important First Amendment case concerning governments’ ability to regulate commonly displayed informational signs.  In Reed v. Town of Gilbert,...more

California Supreme Court Paves the Way for Ownership Inclusionary Housing - Many Developers Maintain That the Costs Associated...

In a highly anticipated case affecting residential development throughout California, the California Supreme Court unanimously rejected the California Building Industry Association’s (CBIA) challenge to the City of San Jose’s...more

California Supreme Court Upholds Validity of Inclusionary Housing Ordinances

On June 15, 2015, the California Supreme Court issued its decision in California Building Industry Association v. City of San Jose, No. S212072, unanimously upholding the validity of inclusionary housing programs in...more

Supreme Court Decides Reed v. Town of Gilbert

On June 18, 2015, the United States Supreme Court decided Reed v. Town of Gilbert, No. 13-502, holding that a municipal code subjecting signs to different regulations depending on whether the sign displayed an ideological...more

Court Order Cuts Attorneys’ Fees in Jacksonville Beach Case

Earlier this year, we reported that the dispute between Jacksonville Beach, Florida and the Church of Our Savior continued to boil in mediation, with attorneys’ fees nearing $700K. After finding that Jacksonville violated...more

Real Property – Court’s Power to Issue Equitable Easements

Lilli Shoen v. Juliet Zacarias - Court of Appeal, Second Appellate District (May 22, 2015) - A trial court has the power to issue an equitable easement authorizing a trespasser to continue her trespass in...more

Religious Institutions: June 2015

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

California Supreme Court Holds Inclusionary Zoning Subject to Rational Basis Review

2013 was a banner year for developers under the takings clause, as both the U.S. Supreme Court and California Supreme Court issued decisions expanding the developers’ ability to challenge exactions as unconstitutional. In...more

California Supreme Court Holds Facial Challenge to Inclusionary Zoning Ordinance Subject to Deferential Standard of Review

In a decision with major repercussions for the building industry in California, the California Supreme Court unanimously rejected a constitutional challenge to San Jose's affordable housing ordinance. California Building...more

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