Zoning, Planning & Land Use Construction Constitutional Law

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Overreaching to Apply CEQA; Second District Strikes Down LA’s Attempted Mid-Game Rule Change in Tower Lane Properties

Sometimes in the land use world, municipal planners and other regulators need to be reminded of the simple things. For example, a fundamental precept of due process is that the rules cannot be changed in the middle of 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

U.S. Supreme Court Decision On Land-Use Exactions Impacts Developers, Government

If you have ever filed a zoning application and been subjected at the public hearing to a version of the game show “Let’s Make a Deal,” you may find of interest a June 2013 decision by the U.S. Supreme Court that addresses...more

Eminent Domain approved for Agoura Hills Street Widening

Last week, the Agoura Hills City Council approved acquiring 14 properties through eminent domain for its Augora Road Widening and Canwood Street Improvement Project, as reported by The Acorn. The purpose of the project is to...more

California Supreme Court Makes It Easier To Challenge Local Affordable Housing Requirements

Under the Mitigation Fee Act, when a city imposes a fee, dedication, reservation or other exaction on a development project, the developer has the right to pay under protest, obtain the necessary project approvals and proceed...more

Will Koontz Mean Big Changes or Business as Usual for Real Estate Development in California

On June 25, 2013, the U.S. Supreme Court release its decision in Koontz v. St. John's River Water Managment District. Koontz has been called the most significant takings case since Kelo v. City of New London and has been...more

California Supreme Court to Review Inclusionary Housing Requirements

On September 11, 2013, the California Supreme Court granted the California Building Industry Association's (CBIA) petition for review challenging a San Jose ordinance that imposed "inclusionary" housing obligations on housing...more

Court of Appeal Upholds San Jose Inclusionary Housing Ordinance as Legitimate Exercise of Local Police Power

In a recent decision, California's Sixth District Court of Appeal reversed a trial court order and upheld the City of San Jose's Inclusionary Housing Ordinance as a legitimate exercise of the local police power. California...more

Construction & Land Use Newsletter - December 2012

In This Newsletter: - Condemnation Changed (Permanently?) in Virginia - It’s a Family Affair: Family Subdivision Ordinances - Excerpt from It's a Family Affair: Family Subdivision Ordinances: The process of...more

Sauce For the Goose? Home Builders Lose a Standing Battle

Developers have cheered in recent years as the Supreme Court has tightened its standing rules. In a decision issued on Friday in National Association of Home Builders v. EPA, the Court of Appeals for the District of Columbia...more

Rb. Amsterdam 13 april 2011, JB 2011/183 m.nt. H.P. Wiersema en J.J.R. Lautenbach

Algemeen verbindend voorschrift, Concretiserend besluit van algemene strekking, Geen zelfstandige normstelling...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

Rogers Towers: Judge Declares Senate Bill 360 Unconstitutional

A trial judge in Tallahassee has struck down Senate Bill 360, approved by the Legislature and Governor in 2009. As you may remember, Senate Bill 360 provided several forms of growth management relief in response to the market...more

Kenny -v- An Bord Pleanála

High Court decision of Mr. Justice Cooke

This is an ex parte application by the plaintiff for liberty to issue a plenary summons in the Central Office of the High Court in a proceeding to be brought against the above named defendant in which it is proposed to claim...more

Community Developement Districts Violate Florida Constitution

Years of research for writing a newsletter culminate in this conclusion. The author believes only the unique insight of a real estate broker, mortgage broker, and community association manager with a Master's degree could...more

Direito à moradia e direito ao meio ambiente equilibrado: olhar sobre o espaço urbano de Vicente Pires

A Constituição Federal brasileira engloba entre seus direitos sociais o direito à moradia. Mais do que um teto para morar, o direito à moradia abarca a promoção de infra-estrutura básica e adequada, a qualidade do meio...more

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