Zoning, Planning & Land Use, Civil Procedure, Construction Law

Earth Matters - April 2013: Recent Decision Highlights Distinction Between Compliance With Multiple Environmental Programs

by Kimberly Barnashuk, Adam Walters | Phillips Lytle LLP on 4/26/2013

A recent New York Court of Appeals decision, Bronx Committee for Toxic Free Schools v. New York City School Construction Authority, 20 N.Y.3d 148 (2012), highlighted the interplay between the compliance process for the State...more

Weekly Law Resume - April 19, 2013: It’s All In the Complaint: Triggering Equitable Indemnity Rights Against Public Entities

by Joseph Aguilar | Low, Ball & Lynch on 4/22/2013

Centex Homes, et al. v. The Superior Court of San Diego County Court of Appeal, Fourth District (March 25, 2013) Government Code section 901 provides that a cause of action for equitable indemnity or partial...more

Court Addresses California's Changed Eminent Domain Prejudgment Possession Rules

by Rick Rayl | Nossaman LLP on 4/4/2013

Following the 2005 Kelo decision, California enacted a number of modest eminent domain reforms. For eminent domain attorneys, the most significant changes arguably came in the procedures for obtaining prejudgment possession....more

NH Supreme Court Reverses Recent Decision Regarding Restrictions On Excavation Permitting

by Mark E. Beliveau, John M. Formella, Matthew D. Manahan | Pierce Atwood LLP on 2/13/2013

In a November 16, 2012 alert, we discussed the New Hampshire Supreme Court’s November 9, 2012 decision in Town of Carroll v. Rines. That decision concluded that state law preempts certain municipal restrictions on excavation...more

Even After Work is Completed and Accepted by the Project Owner, Contractors Have an Ongoing Duty to Maintain Construction Site...

by Jonathan Allen | Snell & Wilmer L.L.P. on 1/17/2013

On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn...more

Coalition for Clean Air: Filing an NOE Before Project Approval Does Not Trigger CEQA's 35-Day Statute of Limitations

by Allen Matkins Leck Gamble Mallory & Natsis... on 9/24/2012

On September 14, 2012, the Fifth District Court of Appeal decided in Coalition for Clean Air v. City of Visalia that a Notice of Exemption (NOE) filed before the final approval of a proposed project is invalid and does not...more

First District Reaffirms CEQA Is Concerned With Physical Impacts On The Environment, Not Economic Ones On Government Services

by Miller Starr Regalia on 7/13/2012

The First Appellate District recently ordered partially published its opinion in City of Hayward v. Board of Trustees of the California State University (2012) __ Cal.App.4th __, 2012 WL 2832858 (cert. for pub. 6/28/12),...more

Use of Projected Future Conditions Appropriate Baseline for Analyzing Impacts of Long-Term Infrastructure Projects

by Sheppard Mullin Richter & Hampton LLP on 4/25/2012

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al. (“Neighbors for Smart Rail”), the California Court of Appeal for the Second District considered plaintiff and appellant Neighbors for Smart...more

Focus on Real Estate – October 2011

by Dentons on 10/11/2011

In This Issue: 1 Condo Developers Should Be Concerned with Construction Lien Act Amendment 2 City of Toronto's 5 Year Review and Update Process of Official Plan Starts in 2011 3 New Standard? Purchaser's...more

Coastal Commission's No Substantial Issue Determination Will Be Upheld Even If Project Technically Not Consistent With LCP

by Sheppard Mullin Richter & Hampton LLP on 8/6/2010

In Hines v. California Coastal Commission, the First District Court of Appeal upheld the Coastal Commission’s determination that an appeal raised no substantial issue under the California Coastal Act, and went so far as to...more

Vested Rights Under Prior Permits Do Not Establish CEQA Baseline

by Sheppard Mullin Richter & Hampton LLP on 4/28/2010

Communities for a Better Environment v. South Coast Air Quality Management District et al. ___Cal.__) (March 15, 2010; Case No. S161190) In this case, the Supreme Court of California held that neither the statute of...more

Procedural Requirements of California's "Fix It" Law Upheld

by Sheppard Mullin Richter & Hampton LLP on 10/1/2009

The Fourth District Court of Appeal recently held that construction-defect plaintiffs must provide developers with notice and an opportunity to repair before filing suit. This holding in Standard Pacific Corporation v....more

Housing Advisory: Supreme Judicial Court Issues Two Decisions about When Towns Can Litigate Their Compliance with Chapter 40B's...

by Mintz Levin - Real Estate on 6/5/2008

On May 27, 2008, the Massachusetts Supreme Judicial Court (SJC) issued two decisions, both involving a town’s desire to receive a ruling from the courts as to whether the town had met Chapter 40B’s statutory threshold of 10%...more

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Zoning, Planning & Land Use › Civil Procedure › Construction Law