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Zoning, Planning & Land Use Updates

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

Tennessee Prohibits Eminent Domain For Industrial Parks.

by Fox Rothschild LLP on

Tennessee has enacted a law that will prohibit the use of eminent domain to condemn land for industrial parks. It deletes the “industrial parks” exception for takings under 29-17-102 (E), . It also provides that any property...more

Florida Changes Appraiser Licensing Law

by Fox Rothschild LLP on

Florida has enacted a bill changing its appraiser licensing law. HB 927 includes changes advocated by the Appraisal Institute. The law defines an “evaluation” as a “valuation permitted by any federal financial institutions...more

Town of DISH’s and Its Residents’ Takings Claims Barred By Statute of Limitations

Litigating parties may be so invested in the rightness of their cause that they neglect to check the calendar, and the relevant stature of limitations. On May 19, the Texas Supreme Court decided the case of Town of DISH, et...more

Fourth District Holds Substantial Evidence Supports City of San Diego’s Rejection of MND and Denial of Minor Residential...

by Miller Starr Regalia on

In a short opinion filed May 17, 2017, and belatedly ordered published (for unknown reasons) just six days later, the Fourth District Court of Appeal reversed the trial court’s judgment granting a writ of mandate that set...more

Texas Considers Eminent Domain Bill

by Fox Rothschild LLP on

The Texas Senate approved an eminent domain bill intending to expand on current legislation. The bill’s author, State Senator Lois Kolkhorst, said “This bill is designed to build off of Senate Bill 18 six years later as we’ve...more

Courts Will Not Second-Guess Development Decisions When the Findings are Supported by Substantial Evidence

by Miller Starr Regalia on

On May 23,2017, the Court of Appeal for the Fourth Appellate District granted a request to publish Kutzke v. City of San Diego, __ Cal. App. 5th __ (2017) (Case No. D070288), another opinion that shows the deference courts...more

Nevada Solar Project Survives Ninth Circuit Review Despite Impacts to Tortoise Connectivity

by Nossaman LLP on

On May 18, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment decision in favor of the Secretary of the Department of the Interior and other federal officials in an...more

Appellate Court Notes: Week of May 22, 2017

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: Released after 11:30 a.m. SC19568, SC19569 - Mayer v. Historic District Commission - The statutory grounds for aggrievement for zoning appeals do not apply to Historic...more

A $1 Trillion Infrastructure Package Will Only Get You $500 Billion Worth of Stuff Without Permitting Reform

Tuesday, President Donald Trump released his FY 2018 budget. Within the budget the administration included a fact sheet containing key principles for the president’s $1 trillion infrastructure plan. On a call with reporters,...more

New Jersey Township’s Recently Enacted Ordinances Alleged to Violate RLUIPA

Earlier this month, Agudath Israel of America Inc. (“Agudath Israel”) sued the Township of Jackson, New Jersey (“Jackson”), challenging Jackson’s recently-enacted land use ordinances restricting schools from all but three...more

Appellate Court Rejects CEQA Challenges to Development in Santa Ana - BB&K Team Represented City

by Best Best & Krieger LLP on

In a decision that supports both history and progress, a California appellate court on Wednesday rejected several legal challenges to a residential project on a portion of a former orchard. Representing the City of Santa Ana,...more

Postponement of the Integrated Environmental Permit until 1 January 2018

by DLA Piper on

The Flemish Parliament agreed on a (supplementary) postponement for the implementation of the integrated environmental permit until 1 January 2018....more

Conservation Easement Opportunities: Protecting Natural Resources While Receiving Tax Savings

by Ward and Smith, P.A. on

Conservation easements may be a great example of "doing well by doing good." They help conserve fish and wildlife, clean water, natural habitats, historic properties, farmland, and timberland. They also provide other public...more

West Coast Real Estate Update - May 2017 - #3

by Holland & Knight LLP on

L.A. to Legalize Residential Units Previously Created in Violation of Building Code - On May 10, 2017, the Los Angeles City Council unanimously approved an ordinance that would permit previously unapproved dwelling...more

Is Public Consumption of Marijuana on the Horizion?

by Garvey Schubert Barer on

In two years, Oregon’s legalized recreational marijuana industry has gone from non-existent to a thriving industry, with over $60 million a year in total sales and over 400 licensed retailers. Despite the growing popularity...more

Breaking: Mass. SJC Overhauls SLAPP Statute Practice

by Pierce Atwood LLP on

The Supreme Judicial Court (SJC) today issued two decisions which together make important changes in how Massachusetts courts apply the often troublesome SLAPP statute, M.G.L. c. 231, § 59H, enacted in 1994. While of general...more

Fast Buses May Bring Major Development Opportunities to Richmond

by McGuireWoods LLP on

Beginning in October 2017, the City of Richmond’s Bus Rapid Transit (BRT) System, known as the PULSE, will operate through the center of Broad and East Main streets. The PULSE Corridor will run from Willow Lawn to Orleans...more

State Water Board Adopts Groundwater Extraction Fees For SGMA Intervention - Fee Imposition Will Begin This Summer

by Best Best & Krieger LLP on

The State Water Resources Control Board adopted a new fee schedule that will be applied to groundwater pumpers in basins where compliance with the Sustainable Groundwater Management Act comes up short. ...more

Health Alert (Australia) 22 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 16 May 2017 - Realview Holdings Pty Ltd And City Of Busselton [2017] WASAT 71 - Town planning - Development application - Land use...more

New Federal Infrastructure Plan Coming Soon

Transportation Secretary Elaine Chao recently informed the U.S. Senate that the President’s $1 trillion infrastructure plan will be announced by the end of the month. The new plan is anticipated to rely upon public-private...more

Six Ways Michigan's Review of Vapor Intrusion Sites Could Impact You

by Pepper Hamilton LLP on

The Michigan Department of Environmental Quality (MDEQ) recently announced that it will be evaluating the vapor intrusion (VI) pathway at 4,000 sites, including as many as 375 Resource Conservation and Recovery Act (RCRA)...more

California Municipalities Face Difficult Land Use Decisions in Wake of Cannabis Legalization

Following cannabis legalization in California, municipalities are beginning to face difficult decisions related to land use and planning. The challenge in siting industrial and residential uses, often in conflict, is not new...more

Rock Hill Golf and Country Club Joins Brookhaven’s Golf Course District

by Farrell Fritz, P.C. on

On April 27, 2017, the Town Board of the Town of Brookhaven approved a change of zone for Rock Hill Golf and Country Club from a one-acre residential lot zone to the Golf Course District. Manorville’s Rock Hill is the first...more

Deadline Extended for D.C. Comprehensive Plan Amendment Proposals

by Ballard Spahr LLP on

The District of Columbia Office of Planning (OP) has extended the deadline for individuals and groups to submit proposed amendments to D.C.'s Comprehensive Plan, which guides future growth and development in the District. OP...more

Governor Ducey Signs Zoning Bill Into Law; Positive News for Infill Development Industry

by Snell & Wilmer on

Great news for the Arizona infill development industry, as the long awaited “fix” to the three-quarters vote/supermajority statute (i.e. A.R.S. Section 9-462.04(G)) has finally made its way through the State Legislature and...more

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