Zoning, Planning & Land Use Residential Real Estate Civil Procedure

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N.C. Court of Appeals Addresses Common Affirmative Defenses In Commercial Foreclosure Context

A recent opinion from the North Carolina Court of Appeals addresses some common borrower defenses within the context of foreclosure and statute of frauds issues: compromise and settlement, accord and satisfaction, the...more

Real Property, Financial Services & Title Insurance Update: Week Ending March 27, 2015

REAL PROPERTY UPDATE - Marketable Record Title Act: right-of-way held by Florida Department of Transportation qualifies for right of way exception under MRTA and remainder of property held in fee by Florida Department...more

Stemming the Blight: New Jersey Supreme Court Affirms Eminent Domain Powers

The New Jersey Constitution provides for taking of blighted property for the purposes of development, redevelopment or to clear such property of blight. ...more

A “Magnificently Convoluted and Contentious” Plat

Plats continue to be a source of frustration, uncertainty and expense for owners of waterfront property. In Sims Township v. Arenac County Drain Commissioner, the Michigan Court of Appeals described a "magnificently...more

Implied Easements and Lessons for Landowners

On Jan. 28, 2015, in Richardson v. Franc, 14 C.D.O.S 941 (2015), the California Court of Appeal for the First Appellate District ruled in favor of an easement holder by granting an irrevocable license permitting additional...more

The Tyranny of the Abutter?

The time spent deconstructing the writings of Alexis de Tocqueville has to rank among the least gratifying memories of every former political science major. De Tocqueville's most notable work, Democracy in America, expounded...more

Ruling Complicated Use of CEQA's Categorical Exemptions

Categorical exemptions from environmental review under the California Environmental Quality Act, or CEQA, do not apply to projects involving a reasonable possibility of a significant effect on the environment due to unusual...more

CT Law of the Land

AC36196 - Verrillo v. Zoning Board of Appeals - Attorneys who practice in the land-use arena know that there is often a divergence between how local Zoning Board of Appeals (“ZBAs”), comprised of lay members, view...more

California Supreme Court Announces New Test for CEQA “Unusual Circumstances” Exception

Berkeley Hillside Preservation v. City of Berkeley (2015) ___ Cal.4th ___, Case No. S201116 - This week the California Supreme Court issued its long-awaited decision in the Berkeley Hillside case, which considered...more

It’s Not Unusual: California Supreme Court Declines to Expand “Unusual Circumstances” Exception to CEQA Categorical Exemptions

In an important and highly anticipated decision under the California Environmental Quality Act (CEQA), the California Supreme Court overturned a Court of Appeal’s decision that would have severely limited public agencies’...more

California Supreme Court Establishes the Standard of Review for the Unusual Circumstances Exception to CEQA Categorical Exemptions...

Breathing life into the use of CEQA categorical exemptions, on March 2, 2015, the California Supreme Court held that a reasonable possibility that a project may result in significant effects on the environment alone is not...more

Government & Regulatory Law Update March 2015: California Supreme Court Issues Decision in Berkeley Hillside Preservation v. City...

On March 2, 2015, the California Supreme Court issued its long awaited opinion in Berkeley Hillside Preservation v. City of Berkeley (“Berkeley”). The opinion clarifies two important issues relating to the California...more

California Supreme Court Decides Significant Impact Alone Not Sufficient to Deny Use of Categorical Exemption (Berkeley Hillside...

In a landmark California Environmental Quality Act (CEQA) case decided yesterday, the California Supreme Court provided guidance on the use of categorical exemptions in Berkeley Hillside Preservation v. City of Berkeley...more

California Supreme Court Clarifies Application Of The “Unusual Circumstances” Exception To Categorical Exemptions Under CEQA

On March 2, 2015, the California Supreme Court issued its long-awaited opinion in Berkeley Hillside Preservation v. City of Berkeley, which establishes a two-part test for application of the California Environmental Quality...more

California Supreme Court Strengthens CEQA’s Categorical Exemptions

The California Supreme Court has issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley, a case with important implications for developers and public agencies on a wide variety of projects. ...more

California Supreme Court Protects CEQA Categorical Exemptions

Court gives more deference to an agency’s decision to use a categorical exemption, likely thwarting environmental opponents. On Monday March 2, the California Supreme Court upheld the use of a California Environmental...more

California Supreme Court Creates Two-Part CEQA Exemption Test in Berkeley Hillside

Developers and agencies seeking to expedite project reviews under the California Environmental Quality Act (CEQA) often chafe under its unique “fair argument” standard of judicial review, which sets a very low bar for...more

California Supreme Court Makes Critical CEQA Ruling Regarding Categorical Exemptions

Court Clarifies the Unusual Circumstances Exception - In a victory for public agencies and developers, the California Supreme Court issued its heavily anticipated ruling in Berkeley Hillside Preservation v. City of...more

CEQA Alert: California Supreme Court Issues Long-Awaited Guidance on the “Unusual Circumstances” Exception to CEQA’s Categorical...

In its March 2 decision in Berkeley Hillside Preservation v. City of Berkeley (SC Case No. S201116), the California Supreme Court provides critical guidance to CEQA lead agencies and practitioners regarding the proper...more

California Supreme Court Upholds Most Commonly Used CEQA Categorical Exemptions

The California Supreme Court has issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley, No. S201116 (March 2, 2015). The Court’s decision clears up some of the ambiguity that surrounded the...more

No Stone Undisclosed: City of Vancouver and Developer Appeal New Public Disclosure Standards for Development Projects

The City of Vancouver and Brenhill Developments Ltd. have appealed the January 27, 2014 decision of the BC Supreme Court in Community Association of New Yaletown v Vancouver (City), 2015 BCSC 117 (the Brenhill/New Yaletown...more

Berkeley Hillside: New Supreme Court decision defines limits of CEQA exemption challenges to development

Today, the California Supreme Court issued the highly anticipated CEQA decision: Berkeley Hillside Preservation v. City of Berkeley. The case addresses whether the "unusual circumstances" exception to CEQA's categorical...more

Injunctive Relief for Building Encroachment. Do I Have to Move the House?

When a land owner mistakenly builds a house or other building or structure that encroaches on a neighbor’s property, what is the remedy? Does the offending land owner have to physically remove the structure from the...more

Mortgage Foreclosure Ordinances Preempted by Existing State Law

The Massachusetts Supreme Judicial Court (the “SJC”) recently decided that two mortgage foreclosure ordinances adopted by the City of Springfield were preempted by existing state law. In Easthampton Savings Bank v. City of...more

Fairfax Circuit Court Limits Homeowners’ Ability to Challenge Zoning Administrator

Contentious land use approvals often result in lawsuits, which, even when unsuccessful, can lead to costly delays for developers. In the recent case styled In Re: November 20, 2013 Decision of the Board of Zoning Appeals of...more

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