Zoning, Planning & Land Use Education

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Illinois Court: Municipal Zoning and Stormwater Laws Apply to School District's Construction Project

Much of land use law involves questions over the breadth of local government powers. Today, we're looking at a spat between two units of local government: a municipality and a school board. The decision in Gurba v....more

Illinois Appellate Court Rules that School Districts are subject to Municipal Zoning

In a strongly worded 42 page decision, the Second District Appellate Court ruled in Gurba v. Community HS Dist. 155, that school districts are subject to the zoning regulations of home rule municipalities. The decision...more

Redeveloping Redevelopment: Recent Legislation

THE RISE AND (UNINTENDED) FALL OF REDEVELOPMENT IN CALIFORNIA. The rise and fall of redevelopment agencies in California has been extensively written about, including in this publication. The history of redevelopment...more

Citizens for a Green San Mateo v. San Mateo County Community College District

Why it matters: The 30 day statute of limitations for CEQA challenges was upheld to bar litigation alleging that a project, as constructed, was different from how that project was described in the CEQA document....more

Entrepreneurial Growth and Recruitment Strategy: An Economic Development Formula for Success

Historically, most local economic development efforts, or regional efforts among a group of counties, have focused on business recruitment. These efforts have generally been focused on large business recruitment projects. ...more

Second Circuit Rules New York City’s Prohibition of Religious Services in School Facilities Constitutional

Recently, in Bronx Household of Faith v. Board of Education of the City of New York[1], the Court of Appeals for the Second Circuit (the “Second Circuit”), in a 2-1 decision, reversed the lower court’s decision and ruled that...more

Oxnard Union High School District to Acquire Nearby Church Property

The Oxnard Union High School District began Eminent Domain procedures to acquire property owned by the Church of Jesus Christ of Latter-day Saints. The property is required for construction of a right-turn lane for the new...more

First District Holds CEQA Statute Of Limitations Bars Citizens Group’s Challenge To College Of San Mateo Tree Cutting

In a published opinion, the First District Court of Appeal reversed the trial court’s judgment granting a writ and held that a CEQA action filed by a citizens group against a community college district and its board of...more

Weekly Wrap Up

Promises kept: we're starting to see the General Assembly narrow its focus as they promised before this Short Session convened in May. House and Senate calendars are stacked with similar bills including committee work and...more

From Second and State: Capitol Wrap

The House and Senate will reconvene on Monday, May 5, 2014. This will be the last session week until after the May 20 primary. Here’s what happened in Harrisburg this week: Waterfront Development - Senator...more

The Regents of the University of California Issues RFQ for UC Merced 2020 Project

The Regents of the University of California (the "Regents"), on behalf of University of California, Merced ("UC Merced"), issued a Request for Qualifications today for the UC Merced 2020 Project (the "Project")....more

High School’s Decision To Bypass Municipal Zoning Process For Stadium Bleachers Ruled Unlawful

In Gurba v. Community H.S. Dist. 155, a McHenry County Circuit court judge ruled that a local high school district violated the law when it refused to subject itself to the local zoning process of its host municipality....more

Illinois Supreme Court Restricts Appeals of Pollution Control Device Certifications

In yet another unanimous decision handed down this morning, the Illinois Supreme Court has streamlined procedures to certify pollution control facilities by barring certain third party appeals....more

Religious Institutions Update - November 2013

Diminished donations have led many faith-based organizations to become more creative about increasing revenue. Sometimes these organizations look beyond ordinary ministry functions to supplement income with unrelated...more

Court of Appeal Narrowly Reads School Bond Measure Language; Parking Shortfall May Constitute An Environmental Impact Under CEQA

A school district board placed a large bond measure on the city ballot to fund projects at multiple schools in the district, including a project to erect stadium lighting at a high school. ...more

UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives

On November 27, 2012, a court of appeal ordered a city to correct the defects in a project description and alternatives discussion in a final environmental impact report (“EIR”) because the court concluded the city had...more

Religious Institutions Update: March 2013

In this Issue: - Key Cases - Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors - Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in...more

Religious Institutions Update: February 2013

Last February, at the request of Senate Finance Committee member Charles Grassley (R-Iowa), the Commission on Accountability and Policy for Religious Organizations was formed to address tax-related policy questions of import...more

City Erred In Certifying Environmental Impact Report That Misdescribed Project’s Objectives

In a case demonstrating the importance of a well-crafted statement of objectives, the appellate court held that a city erred in certifying a final environmental impact report (“EIR”) and approving a project because the EIR...more

School Concurrency Impacts Residential Development in Miami-Dade County

With increased international investment, Miami-Dade County has seen a rebound in the real estate market, particularly with regard to residential projects in high-density areas in Miami's urban core and bayfront and beachfront...more

Pennsylvania General Assembly passes Bill allowing drilling on state university land

On September 25, 2012, the Pennsylvania House of Representatives passed legislation that will allow the Commonwealth of Pennsylvania to lease mineral rights under land owned by state universities. The bill had previously been...more

BSC Wants Your Input!

The Building Standards Commission ("BSC") recently initiated formal rulemaking and public review for portions of the 2012 triennial code update to the California Building Standards Code ("Code"). ...more

Public Entity Litigants Are Entitled to Attorney Fee Award Under Private Attorney General Doctrine Even Where Non Financial...

In City of Maywood v. Los Angeles Unified School District, 2012 DJDAR 9925 (2012), the California Court of Appeal for the Second Appellate District decided a novel attorney fee case. The case arose out of a petition for a...more

Ninth Circuit Denies Review of Air Permit

The Ninth Circuit Court of Appeals in May rejected a California community district’s attempt to review an air permit that was issued to a 600-megawatt, natural gas-fired power plant that was being constructed a mile and a...more

AB 1903 Would Prohibit Districts from Levying Level III Developer Fees

AB 1903 (Buchanan and Hagman), as proposed, would suspend the ability of school districts to levy Level III developer fees. The bill is scheduled to be heard on Wednesday, June 20 in the Senate Education...more

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