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Zoning, Planning & Land Use Civil Procedure

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

Appeals Court Confirms That a Government Building Has the Status of a Pre-Existing Nonconforming Structure When Transferred to a...

by Goulston & Storrs PC on

In Gund, et al. v. Planning Board of Cambridge, et al., No. 15-P-1339 (Mass. App. Ct. July 19, 2017), neighbors of the former Sullivan Courthouse in Cambridge challenged special permits granted by the Cambridge Planning Board...more

High Court Upholds Long-Term GHG Emissions Analysis, But Warns Agencies to Keep Pace with Regulatory Advancements: Lessons from...

Cleveland National Forest Foundation, et al. v. San Diego Association of Governments (2017) __ Cal. 5th __, Supreme Court Case No., S223603 - Judicial deference to a lead agency’s determination regarding the proper...more

California Supreme Court Settles Split of Authority re Implied Dedication of Private Property to the Public

In a 2015 post on Money and Dirt, we reviewed a then-recent Court of Appeal decision, Scher v. Burke, and discussed the split of authority among California courts on the topic of “implied dedication” of private property to...more

Court Overturns Much of EPA’s 2015 Definition of Solid Waste Rule

by Hogan Lovells on

On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit dealt EPA another blow to its over-zealous attempts to regulate as hazardous waste the hazardous secondary materials (HSM) that are...more

Building seawall erodes homeowners' rights to challenge conditions

by Thompson Coburn LLP on

The California Supreme Court recently held that you can’t have your cake and eat it, too. Two adjacent homeowners, with oceanfront properties in Encinitas, California, live on a coastal bluff that “cascades steeply down to...more

In Lease Case, Maryland's Highest Court Brings State Law in Line With FOIA

by Ballard Spahr LLP on

Confidentiality is important for landlords and tenants in commercial lease transactions. For that reason, a recent Maryland Court of Appeals decision should be kept in mind when leases and other documents are submitted to...more

Supreme Disappointment: High Court’s Narrow Opinion In SANDAG RTP/SCS EIR Case Offers Little Guidance On CEQA GHG Analysis

by Miller Starr Regalia on

On July 13, 2017, the California Supreme Court rendered a 6-1 decision holding that the San Diego Association of Governments’ (SANDAG) 2011 EIR for its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS)...more

Requiring Repair, Rather than Demolition, For Church’s Violations of Municipality’s Property Maintenance Code May Impose A...

An Illinois appellate court reversed a lower court’s dismissal of RLUIPA claims asserted by the First United Methodist Church of West Dundee (the “Church”) against the Village of West Dundee, Illinois (the “Village”), finding...more

Queens Shopping Mall Nixed by Court’s “Public Trust” Doctrine Ruling

by Farrell Fritz, P.C. on

In Matter of Avella v. City of New York, 2017 NY Slip Op 04383 (June 6, 2017), the New York Court of Appeals reviewed a decision by the City of New York approving a proposal by Queens Development Group, LLC (“QDG”) which...more

Referendum Rescinding Zoning That Resolved General Plan Inconsistency Upheld

City of Morgan Hill v. Shannon Bushey (6th Dist., No. H043426, May 30, 2017) - Why it matters: In California, zoning must be consistent with the general plan. When a general plan amendment creates an inconsistency with the...more

California Supreme Court Again Considers Climate Change in the Context of CEQA, But Fails to Resolve Important Uncertainties for...

by Downey Brand LLP on

Yesterday, in an opinion authored by Justice Liu, the California Supreme Court ruled that the greenhouse gas analysis in an environmental impact report (“EIR”) prepared for the San Diego Association of Government’s (“SANDAG”)...more

California Supreme Court Holds that Landowners Forfeited Right to Challenge Conditions of Permit to Build New Seawall by...

by Miller Starr Regalia on

On July 2, 2017, the California Supreme Court issued its opinion in Lynch v. California Coastal Commission, __ Cal.5th __ (Case No. S221980), holding that the owners of two coastal bluff properties in Encinitas forfeited...more

California Supreme Court Rules Homeowners Forfeited Right to Challenge Coastal Development Permit Conditions By Undertaking Work...

by Allen Matkins on

The California Supreme Court ruled on Thursday in Lynch v. California Coastal Commission that two homeowners who obtained a coastal development permit (CDP) from the California Coastal Commission (Commission) to construct a...more

California Supreme Court Sides with Coastal Commission in Case Challenging Permit Conditions - Ruling Holds That Property Owners...

by Holland & Knight LLP on

In Lynch v. California Coastal Comm'n, __ Cal.5th __, No. S221980, 2017 WL 2871762, 2017 Cal. LEXIS 5054 (Cal. July 6, 2017), the Supreme Court of California held that the owners of bluff-top residences along the California...more

Public Decision Making Newsletter Winter 2017

by DLA Piper on

This newsletter summarises recent developments in resource management and local government law in New Zealand that are of particular relevance to local authorities and decision makers. In this edition, we address recent...more

Pennsylvania Supreme Court Extends Its Landmark Robinson Township Decision in Pennsylvania Environmental Defense Foundation v....

by Ballard Spahr LLP on

The "Environmental Bill of Rights" is now indisputably the law of the land in Pennsylvania. A majority of the Pennsylvania Supreme Court reaffirmed and extended its landmark decision in Robinson Township v. Commonwealth, 83...more

GA Supreme Court Considering Landowner’s Bill Of Rights Case

by Fox Rothschild LLP on

The Georgia Supreme Court is considering an important case involving the state’s 2006 Landowner’s Bill of Rights statute. At issue is whether certain provisions of that statute are mandatory or merely advisory....more

Another Oil Field Contamination Plaintiff Waits Too Long

by Gray Reed & McGraw on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

The D.C. Circuit shows the way through the red tape in pipeline permitting dispute

by Hogan Lovells on

On June 23, 2017, the United States Court of Appeals for the District of Columbia Circuit held that Millennium Pipeline Company LLC lacked standing to bring a claim against the New York State Department of Environmental...more

Landowner Waives Right to Challenge Permit Conditions

Lynch v. California Coastal Commission (July 6, 2017, Case No. S221980) - Why It Matters: Can a landowner accept the benefits of a permit while simultaneously rejecting the burdens of that very same permit? The California...more

California Environmental Law & Policy Update - July 2017

by Allen Matkins on

Environmental and Policy Focus - California Supreme Court upholds restrictions on Encinitas seawall - San Diego Union-Tribune - Jul 6 - The California Supreme Court dealt a blow Thursday to two coastal property...more

Lynch v. California Coastal Commission: The California Supreme Court Retreats from Deciding on “Managed Retreat” from Coastal...

On July 6, the California Supreme Court issued its highly anticipated decision in Lynch v. California Coastal Commission (case no. S221980). In this case, coastal homeowners alleged that, in issuing a permit to construct a...more

Land Use Matters, Alston & Bird LLP, July 2017

by Alston & Bird on

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

Real Estate and Land Use - California Supreme Court Restricts Implied Dedication Rule

Scher v. Burke (June 15, 2017, S230104) - Why It Matters: Many large private landowners record notices under the provisions of the Civil Code in order to ensure that public use of their property does not morph into an...more

SCOTUS Establishes a New Three-Part Test To Determine the “Whole Parcel” in Regulatory Takings Cases

by Locke Lord LLP on

Property owners who allege a regulatory taking will now need to analyze their holdings against a new, fact-specific, three-factor standard announced by the U.S. Supreme Court to determine what constitutes the owners’ “whole...more

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