News & Analysis as of

Zoning, Planning & Land Use Conflict of Laws General Business

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

State Liquor Laws Preempt Local Municipalities from Restricting Operating Hours

by Farrell Fritz, P.C. on

The State liquor law preempts local municipalities from restricting hours of operation for businesses selling alcoholic beverages for on-premises consumption. Accordingly, local municipalities should use caution when...more

Local Government in the Crosshairs

by Best Best & Krieger LLP on

While Washington’s promise of a trillion dollar infrastructure program is providing a distraction, a closer examination reveals localities and local infrastructure are under attack across the board. The assault on local...more

Metropolitan King County Council Votes to End Moratorium on Accepting or Issuing Permits for Marijuana Growers, Processors, and...

by Garvey Schubert Barer on

The Metropolitan King County Council voted on July 25th to end the moratorium on accepting or issuing permits for marijuana growers, processors, and retailers in unincorporated areas of the county. Additionally, per the...more

Illinois defines metrics for medical cannabis applicants

by Thompson Coburn LLP on

Cannabis industry hopefuls in Illinois are poised to begin the application process after the three state agencies administering Illinois’ medical marijuana law released long-awaited metrics on Aug. 8....more

Ninth Circuit: City Requirement That Cell-Tower Company Obtain Voter Approval Upheld

by Best Best & Krieger LLP on

When T-Mobile sought to place a cell-tower in a park owned by the City of Huntington Beach, California, the City granted the company all the regulatory approvals it required. But the City also informed T-Mobile that before...more

California Cities And Counties Can “Just Say No” To Medical Marijuana Dispensaries

by Perkins Coie on

The California Supreme Court has unanimously upheld a local ban on medical marijuana dispensaries, holding that the ban was not preempted by state statutes governing medical marijuana. The decision does not come as a...more

Medical Marijuana Dispensaries Are Now Operating in Arizona

by Littler on

On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana...more

Is the Service Area of a Federally Indebted Water Utility Still “Sacrosanct” Under 7 USC 1926(b)?

by Jackson Walker on

Introduction: •What is 7 USC 1926(b) •Characteristics of Retail W/WW Service •Classic Service Encroachment Case •What Constitutes “Service Made Available” •Impact of Recent Court Decisions Please see full...more

Portions of Providence Municipal Foreclosure Ordinance Overturned By Charles A. Lovell, Esq.

by Partridge Snow & Hahn LLP on

On May 17, 2010, Judge Lanphear of the Providence Superior Court found portions of Providence’s local foreclosure ordinance to have been preempted by state law. The court found that Providence’s attempt to bar foreclosure...more

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