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Downey Brand LLP

In First Published Opinion Interpreting SB 35, Court of Appeal Rejects City of Berkeley’s Attempts to Avoid Application of the Law...

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On April 20, 2021, the First District Court of Appeal filed its first published opinion interpreting California Senate Bill 35’s streamlining provisions in Ruegg & Ellsworth v. City of Berkeley. The Court held that the City...more

Perkins Coie

Chief Justice Roberts' Statement Questions Broad Presidential Authority Under the Antiquities Act of 1906

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On March 22, 2021, the U.S. Supreme Court denied certiorari in a case that upheld President Obama’s designation under the Antiquities Act of the Northeast Canyons and Seamounts Marine National Monument in the northern...more

Perkins Coie

Agency Inaction Is Not a CEQA Project

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An agency’s failure to maintain a historic building—“demolition by neglect”—is not a “project” subject to CEQA. Lake Norconian Club Foundation v. California Department of Corrections and Rehabilitation, No. A154917 (First...more

Bilzin Sumberg

Coconut Grove Playhouse: Court Finds City Departs Essential Law Requirements

Bilzin Sumberg on

In Miami-Dade County v. City of Miami, Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County (Case No. 18-000032-AP-01) [26 Fla. L. Weekly 800b], an appeal was filed by Miami-Dade County (the “County”)...more

Perkins Coie

CEQA Project Baseline Should Not Have Been Set Prior to Demolition of Historic Structure

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The Fourth District Court of Appeal held that the project baseline under CEQA for construction of a new home did not include demolition of a potential historic structure that had occurred before submittal of a permit...more

Latham & Watkins LLP

California Court of Appeal Rejects City’s MND in Historic District Due to Aesthetic and Traffic Impacts

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CEQA Case Report: Understanding the Judicial Landscape for Development - In an opinion published on August 9, 2018, Protect Niles v. City of Fremont, Case No. A151645, the First Appellate District of the California Court...more

Farrell Fritz, P.C.

Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental...

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An application was made for a site plan to the Planning Board of the City of Poughkeepsie for a 24 two-bedroom unit condominium complex in four buildings on a 3.4 acre parcel adjacent to an historic district. ...more

Perkins Coie

“Urban Decay” Not Reasonably Foreseeable Consequence Of Relocating Courts From Historic Downtown Courthouse

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Citing the likelihood of repurposing Placerville’s historic downtown courthouse and evidence nearby businesses were not dependent on it, the First District Court of Appeal held that “urban decay” was not a reasonably...more

Nexsen Pruet, PLLC

Be Safe, Get Your Standing Evidence in Early

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A Land Use Practitioner representing opposition intervenors in a quasi-judicial land use matter is best served to present any evidence of special damages during the quasi-judicial hearing in order to preserve standing for...more

Poyner Spruill LLP

NC Appellate Courts Hold Grandfather Mountain Must Pay Property Tax

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In a decision that substantially protects property tax bases for local governments in North Carolina, the North Carolina Supreme Court has declined to review a Court of Appeals decision holding that one of North Carolina’s...more

Robinson & Cole LLP

Orthodox Jewish Temple & City of Sunny Isles Beach, Florida Settle RLUIPA Suit

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Temple B’Nai Zion and the City of Sunny Isles Beach, Florida have settled their four-plus years of litigation over the Temple’s appeal of the City’s historic site designation of property owned by the Temple and used as a...more

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