Zoning, Planning & Land Use Construction Civil Remedies

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News & Analysis as of

The New Jersey Supreme Court has reopened the doors to Affordable Housing Litigation

The New Jersey Supreme Court has unanimously held that the administrative process run by COAH in which municipalities show compliance with affordable housing obligations is no longer working and municipalities are no longer...more

Beware of Citizen Suits for Storm Water Violations

In recent months several private organizations have sent letters to California businesses informing them that they are in violation of their storm water permits and threatening to sue them under the citizen suit provision of...more

Construction Case Law Update - January, 2015

FLORIDA STATE CASES - Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more

What CEQA Gives, The Legislature Can Take Away: Third District Holds Special Legislation For Sacramento Kings Downtown Arena...

The Third District Court of Appeal, in a published opinion filed November 20, 2014, affirmed the trial court’s order denying plaintiffs’ application for a preliminary injunction seeking to halt construction of a massive new...more

The Construction Advantage – Issue 10

Wyoming Supreme Court Concludes Contractor to Pay For Damages In Excess of Original Project Cost - An opinion released in a mid-August from the Wyoming Supreme Court concluded that repair damages were appropriate in a...more

Easements Made Easier: Building Pipelines with the Power of Eminent Domain Under the Natural Gas Act

Any person or entity seeking to construct a natural gas pipeline and successful in obtaining a certificate of convenience and necessity from the Federal Energy Regulatory Commission may exercise the power of eminent domain to...more

The Construction Advantage – Issue 6

In our sixth issue of The Construction Advantage, we provide you with an all New England edition, focusing on the increased employment in the construction sector in Maine, a large court award related to the Big Dig, and the...more

Charter Cities Challenge Legislation Restricting Access to State Funding Based on Compliance with Prevailing Wage Law

Cities Sue State Calling SB 7 an Unconstitutional Restriction on Municipal Affairs - Several California charter cities challenged the constitutionality of Senate Bill 7 (SB 7) last week by filing a writ of mandate and...more

$5 Billion Honolulu Rail Transit Project Gets Green Light

In a decision of national importance for rail transit and highway projects, the Ninth Circuit Court of Appeals rejected NEPA and Section 4(f) challenges to the 20-mile Honolulu Rail Transit Project. HonoluluTraffic.Com v....more

Amendments to Russian Urban Development Code: Clarifications on Tort Liability

Significant amendments affecting the liability of self-regulating organizations and building owners became effective on 1 July 2013. ...more

Light at the End of the Tunnel - Consultation on Reform of Rights to Light in England and Wales

The private right to light is an arcane area of law and which many developers would agree is long overdue for reform. Development schemes can be thwarted by private landowners even after the proposal has passed through the...more

Changes to North Carolina Mechanics Lien Laws

In July, Governor Perdue signed two bills into law which make substantial changes to the state’s mechanics lien and bond laws. With respect to private projects, the most significant changes relate to the creation of “Lien...more

Superior Court Strikes Down Numeric Effluent Limits in California's Construction General Permit

On December 2, 2011, the Sacramento Superior Court invalidated the numeric limits on turbidity and pH in California's Construction General Permit (CGP) because the limits were not supported by substantial evidence. The State...more

The Annual Round With Utah's Mechanics' Lien Laws

Death and taxes aren't the only sure things in this life. Another event you can take to the bank is the annual tweaking and twisting of Utah's mechanics' lien laws in the legislature. It is always a dynamic process to watch,...more

"Pay Under Protest" Procedure For "Other Exactions" Is Not Applicable To All Development Exactions

A California appellate court has ruled that the "pay-or-perform under protest" procedures of Government Code sections 66020 and 66021 do not apply to all types of development exactions. In its opinion, the Sixth Appellate...more

The Year 2010 In Review: Public Works Projects

This article is the fifth in a series summarizing construction law developments for 2010. In This article: A. Bidding 1. Great West Contractors Inc. v. Irvine School District, 187 Cal. App. 4th 1425 (4th Dist. Aug....more

Housing Alert: Massachusetts’ Highest Court Instructs Town Boards of Appeals Not to Invade the Province of State Subsidizing...

After several years of debate, disagreement, and litigation between developers of subsidized housing and local zoning boards of appeals (ZBAs) concerning the question of the breadth of those boards’ authority over...more

RESPA Changes Effective January 1

Effective January 1, 2010, there are material changes to the Real Estate Settlement Procedures Act (“RESPA”). The United States Department of Housing and Urban Development (“HUD”) has amended Regulation X, relating primarily...more

Webb Tract, LLC v. United States of America

Plaintiff's memorandum of law in support of it's motion for summary judgment

A case arising from the NIKE missile system that once circled the nation, but was dismantled in the 1960's. Here, the USA had dismantled the missile silos, but sought to enforce the donut shaped "safety easement" around the...more

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