Zoning, Planning & Land Use Residential Real Estate Civil Rights

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

City SLAPPs Away Landlord's Section 1983 Claim

Anti-SLAPP motions provide defendants with a valuable tool to dispose of meritless cases that stifle protected speech . In Squires v. City of Eureka (October 17, 2014, A138768; A139849) ___Cal. App.4th___ [14 Cal. Daily Op....more

City’s Handling of Application for Subdivision Approvals May Trigger Liability Under Fair Housing Act

The Federal Fair Housing Act (“FHA”) prohibits discrimination in the sale or rental of housing, including discriminatory land use decisions, on account of race, color, religion, sex, national origin or familial status. The...more

Fair Housing Group Issues Annual Report

On August 13, the National Fair Housing Alliance (NFHA) published its annual fair housing report titled “Expanding Opportunity: Systemic Approaches to Fair Housing.” The paper summarizes 2013 fair housing enforcement actions...more

Mt. Holly Gardens files merits brief

Although settlement discussions are continuing, the respondents in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., filed their merits brief with the U.S. Supreme Court on October 21. (The Township’s...more

Group Homes Can Move Forward With Their Lawsuit Challenging an Ordinance that has the Practical Effect of Prohibiting Group Homes...

The United States Court of Appeals for the Ninth Circuit held that the district court erred in dismissing a lawsuit challenging a city ordinance that effectively banned group homes for alcoholics and drug users with an...more

The U.S. Supreme Court Grants Cert to Decide Whether the Fair Housing Act Allows for Disparate Impact Claims in Township of Mount...

On June 17, 2013, the U.S. Supreme Court granted a petition for certiorari in a case that will decide whether “disparate impact” liability — liability based solely on a practice’s alleged discriminatory effect, though the...more

Supreme Court Agrees Again To Decide Critical Disparate Impact Questions under the Fair Housing Act

The question of whether plaintiffs suing under the Fair Housing Act may bring disparate impact claims is back on the U.S. Supreme Court's docket as a result of the Court's decision today to grant certiorari in Mount Holly v....more

Koontz v. St. John's River Water Management District

Brief Amicus Curiae of Owners' Counsel of America in Support of the Petitioner

Today, on behalf Owners' Counsel of America, we filed this amicus brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That's the case asking whether the "essential nexus" and "rough...more

Huapala Senior Care E, LLC v. City and County of Honolulu

Complaint

Huapala Senior Care E, LLC, a developer of residential housing for elderly residents of Manoa Valley, today filed a lawsuit in federal court against the City and County of Honolulu. The lawsuit charges that the City,...more

Infobytes Special Alert: Petitioners Withdraw Major Fair Housing Case Pending Before U.S. Supreme Court

On February 10, the parties in a major fair housing case under review by the U.S. Supreme Court requested that the Court dismiss the case. As reported previously by BuckleySandler, the City of St. Paul, Minnesota withdrew...more

Magner v. Gallagher

Brief Amicus Curiae Of Pacific Legal Foundation, Center For Equal Opportunity, Competitive Enterprise Institute, And The CATO...

The federal Fair Housing Act makes it unlawful "[t]o refuse to sell or rent after the making of a bona fide offer ... or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex,...more

Property and Business Owners' Precondemnation Damages Claims Dismissed

We've covered in the past the impacts property and business owners suffer when government agencies plan for public projects. We've also covered when agency planning crosses the line and results in precondemnation damages or...more

InfoBytes Special Alert: Supreme Court Grants Petition for Writ of Certiorari in Disparate Impact Case

On November 7, 2011, the Supreme Court granted a petition for a writ of certiorari in the case of Magner v. Gallagher, 10-1032, which poses the question of whether disparate impact claims are cognizable under the Fair Housing...more

Justice Scalia Predicts Kelo v. City of New London Will be Overturned

When we think of some of the most well-recognized and controversial decisions from our judicial system, cases like Roe v. Wade (abortion) and Dred Scott v. Sandford (slavery) come to mind. Within our group of right of way...more

Exaction, Extortion or Illegal? Mandatory Dedication of Open Space Parcel Held Unlawful

Score One For Property Rights Advocates Massachusetts has the well-deserved reputation of being one of the most challenging states to permit a new housing development due to its myriad of rules, regulations and zoning...more

Jump Start for 2011

In this issue: High Court Asked to Broaden Scope of Prop.; Tribe's Suit Over Tejon Ranch is Dismissed; Solar Project Firms See a Wave of Legal Challenges; Angels Fans Must Build 'Class' to Proceed; and more... Please see...more

Implied Warranties in Rental Properties

When you rent a residential property, it is subject to an "implied warranty of habitability" meaning that the owner of the property is under a duty to ensure that it is fit for human habitation. If a landlord (not the tenant)...more

Maunalua Bay Beach Ohana 28 v. State of Hawaii

Brief of Land Use Research Foundation of Hawaii as Amicus Curiae in Support of the Petitioners

Yesterday, on behalf of the Land Use Research Foundation of Hawaii, we filed this brief amicus curiae in the U.S. Supreme Court in Maunalua Bay Beach Ohana 28 v. Hawaii, No. 10-331 (cert. petition filed Sep. 7, 2010). This...more

Kauai Springs, Inc. v. Planning Commission of the County of Kauai

Answering Brief for the Appellee Kauai Springs, Inc.

Issues: automatic approval of zoning permits; public trust....more

Maunalua Bay Beach Ohana 28 v. State of Hawaii

Amicus Curiae Pacific Legal Foundation's Memorandum in Support of Maunalua Bay Beach Ohana 28's Application for a Writ of...

This brief was filed to support the application for writ of certiorari which asks the Hawaii Supreme Court to review the decision of the Hawaii Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of Hawaii,...more

City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Authority of the City of Milwaukee

Brief of Amici Curiae National Association of Home Builders And Wisconsin Builders Association In Support of Petition for A Writ...

When is a lease that everyone agrees is worth more than a million dollars totally worthless? When it's an eminent domain case and the court applies the "undivided fee" rule, that's when. Most eminent domain attorneys know...more

Maunalua Bay Beach Ohana 28 v. State of Hawaii

Motion of Pacific Legal Foundation for Leave to Submit Brief Amicus Curiae in Support of Maunalua Bay Beach Ohana 28's Application...

Yesterday, we filed this motion for leave to file brief amicus curiae and a copy of the proposed brief in support of the application for writ of certiorari which asks the Hawaii Supreme Court to review the decision of the...more

Another Judge Rules Farmers Branch Rental Ban Is Unconstitutional

For the second time, a federal judge has declared a Farmers Branch ordinance banning illegal immigrants from renting in the city to be unconstitutional. Here are excerpts from a Dallas Morning News article reporting this...more

County of Hawaii v. C&J Coupe Family Ltd. P'ship

Brief for the Appellant Replying to Answering Brief of Plaintiff-Appellee County of Hawaii

When a statute mandates that a property owner is entitled to recover "all damage" when an attempt to condemn its property fails, does that include the lost time value of any of the property owner's funds which have been...more

County of Hawaii v. C&J Coupe Family Ltd. P'ship

Brief for the Appellant Replying to Answering Brief of Appellee 1250 Oceanside Partners

When is an exercise of eminent domain not "for public use" as required by the U.S. and state constitutions? This brief, and the briefs filed earlier in the appeal, address that issue. These cases have resulted in two prior...more

40 Results
|
View per page
Page: of 2

Follow Zoning, Planning & Land Use Updates on: