Zoning, Planning & Land Use Constitutional Law

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Ten Commandments Monument on Public Grounds Violates Oklahoma Constitution

In a case we have been following, Oklahoma’s Supreme Court has ruled that a Ten Commandments monument on the Oklahoma Capitol grounds is unconstitutional under state law. We previously reported on the lower court’s decision...more

RLUIPA Round Up – Independence Day Special Edition!

Independence Day—no better time to reflect on the numerous (enumerated and unenumerated) rights protected by our United States Constitution. Thanks to Obergefell v. Hodges, those rights are now more clearly focused. However,...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

Guest Commentary: Life after Reed v Gilbert

Last week, we reported on the potential impact of Reed v. Gilbert, the sign regulation case that has municipalities across the nation concerned about the enforceability of local sign ordinances. This week, we’re happy to...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

The Supreme Court Recognizes but Limits Disparate Impact in its Fair Housing Act Decision

On June 25, 2015, the Supreme Court, by a 5-4 margin, upheld the application of disparate impact under the Fair Housing Act (“FHA”) in Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc....more

In Suing Commonwealth of PA, Clean Air Council Takes A Stand For Up-To-Date Building Codes

There is a war on building codes across the United States, and Pennsylvania is ground zero. After years of regular building code updates, a law was passed in 2011 (Act 1) at the urging of the Pennsylvania Builders...more

Main Street v. Hackensack: A Cure in the Redevelopment Area Process . . . but Still in Need of an Ounce of Prevention

Until the recent Supreme Court decision in 62-64 Main Street, L.L.C. v. Hackensack, 221 N.J. 129 (2015) (“Hackensack”), many municipalities and developers of redevelopment projects were concerned that if an existing area in...more

RLUIPA Round-Up

Coral Springs, Florida may allow Satanist Chaz Stevens to begin a City Commission meeting with an invocation honoring Satan in September or October. However, Mayor Skip Campbell will first meet with commission members to...more

Urgent Update: After Supreme Court Ruling, Expect Greater CFPB Scrutiny of Disparate Impact in Lending

The U.S. Supreme Court’s surprising disparate-impact ruling on June 25, 2015 regarding tax-credit allotments and discrimination means lenders need to take a hard look at their policies and operations. The Court ruled 5-4...more

California Supreme Court Upholds San Jose’s Inclusionary Housing Ordinance

In California Building Industry Association v. City of San Jose (Case No. S212072, filed June 15, 2015), the California Supreme Court upheld an inclusionary housing ordinance imposing affordable housing requirements as a...more

Breaking News: Supreme Court Upholds Inclusive Communities Disparate Impact Decision

The Supreme Court of the United States released the following opinion this morning: Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371 The Court affirmed the...more

California's Highest Court Upholds San Jose's Affordable Housing Ordinance

Requirement to construct or provide affordable housing is permissible under California Constitution police powers - This week, in a long awaited decision, California Building Industry Association v. City of San Jose,...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

Government & Regulatory Law Update June 2015: California Supreme Court Holds That the City of San Jose’s Inclusionary Housing...

On June 15, 2015, the California Supreme Court issued its decision in California Building Industry Association v. City of San Jose, addressing the legal standards to be used in determining the constitutionality of ordinances...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

Supreme Court Update: Reed V. Town Of Gilbert (13-502) And Walker V. Texas Division, Sons Of Confederate Veterans, Inc. (14-144)

The town of Gilbert, Arizona decided to address its signs problem with an ordinance upheld by the district court and Ninth Circuit. The Supreme Court, without dissent, saw it differently. The town was obsessed with regulating...more

Recent Developments Regarding Disposal of Pharmaceutical Products

Recent environmental developments may impact the health care industry and should continue to be monitored. Several environmental developments related to the discarding of pharmaceutical products (including veterinary...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

Reed v. Gilbert: Impact to municipalities across the nation

Although the case is outside the RLUIPA realm or even specific to religious-based speech, the Supreme Court’s decision last week in Reed v. Gilbert will undoubtedly impact RLUIPA Defense readers. We previously reported on the...more

RLUIPA Round-Up

We’re a little late with the round-up, but promise to continue our effort to bring you interesting stories from the intersection of religion and government. - Mayfair, Pennsylvania residents feel disappointment after...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

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