Building Permits

News & Analysis as of

Last Call To Extend Permits And Development Orders -- Deadline Is January 25, 2016

There is limited time remaining to claim the extension referenced below under the state wide Emergency Order issued by Governor Scott. The opportunity to claim the extension will end on January 25, 2016. Should you have a...more

Zoning Commission Expertise Due Limited Deference in Eyes of Court

The Connecticut Superior Court recently ruled that the Town of Rocky Hill Planning & Zoning Commission (Commission) exceeded its authority by approving a fill permit application to construct a road at the site of the former...more

Special Alert: Building Moratorium Initiative

As you may have learned from the news, a group called Coalition to Preserve L.A. (CPLA) is seeking to place an Initiative on the ballot in 2016 that would establish a City-wide building moratorium. The key provisions...more

Title Insurance for Building Code Violations

When most lenders, owners and lawyers think of title insurance, they (quite rightly) think of insurance that covers risks associated with title matters. The answer is in the name, as it were....more

Government Can Be Estopped from Going Back on Precondemnation Promises

When the government promises to do one thing and then does another, it usually has myriad excuses. Sometimes it claims that its staff (the people with whom the opposing side are typically interacting) cannot bind the agency....more

NJ Developer Gets Green Light for Antitrust Suit as Rival Supermarket Owner Seeks to Block Wegmans

The Third Circuit Court of Appeals issued a precedential opinion last week when it ruled that a New Jersey real estate developer had standing to pursue antitrust claims against the owner of a nearby ShopRite who engaged in...more

Florida Development Permits Eligible for Extension Due to Tropical Storm Erika Order

A permit and development order extension opportunity is available until Jan. 25, 2016, as a result of Florida's declaration of a state of emergency for Tropical Storm Erika....more

Third Circuit Provides Clarity to “Inextricably Intertwined” Basis of Antitrust Injury in Partially Reinstating Claims Against...

On November 12, 2015, the Third Circuit Court of Appeals issued an opinion partially reversing the dismissal of the plaintiff’s claims in Hanover 3201 Realty, LLC v. Village Supermarkets, Inc., finding that plaintiff Hanover...more

Affordable Housing Permit Revoked by Massachusetts Appeals Court

In a recent ruling sure to embolden municipalities seeking to block affordable housing projects, the Massachusetts Appeals Court revoked the approval of a Comprehensive Permit issued under the Anti-Snob Zoning Act, G.L....more

Deadlines Approach to File 2015 Development Approval Extensions

In August, Governor Scott issued a statewide emergency declaration as well as a more localized emergency declaration, providing opportunities for extending certain development approvals within the state of Florida. ...more

Lake County, Florida Impact Fees to Increase

Beginning January 11, 2016, Lake County educational impact fees will increase to $9,324.00 for single family units, $8,045.00 for multi-family units and $5,856.00 for mobile homes located within mobile homes parks....more

Recent W.D. Pa. Opinion Illustrates the Difficulties in Obtaining Spoliation Sanctions

A recent decision from the United States District Court for the Western District of Pennsylvania reiterated just how difficult it is for a party to obtain spoliation sanctions. In Flanders v. Dzugan, No 12-1481, 2015 WL...more

Update on Office Conversions to Residential

The Government has issued a statement on 13 October 2015 confirming that the temporary permitted development right to convert office premises to residential, subject to local authority prior approval of specified matters, is...more

Rhode Island Legislature Mandates Statewide Building Permit Fee Formula

Every municipality in Rhode Island is vested with the power to establish a formula to calculate building permit fees for development within its jurisdiction. Building permit fees are meant to offset the cost for...more

2015 Hurricane Season Provides Opportunity to Extend Eligible Permits

If there's any good news in a hurricane or tropical storm, this is it: an officially declared state of emergency that allows permit-holders to extend their permits, as well as certain other government authorizations. Not only...more

Flushing Out the Safe Harbor: “General Land Area Minimum” Offers Newton No 40B Shelter

Municipalities long unable to achieve ten percent affordable housing are now turning more frequently to a different Safe Harbor to block development of low and moderate income housing – compliance with the “General Land Area...more

2015 Florida Legislative Post-Session Report

Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

Real World: An Update from Dechert's London Finance and Real Estate Group - July 2015: Enforcement of Restrictive Covenants Under...

Under a building scheme, where restrictive covenants are imposed on the original plot owners within a development for the mutual benefit of the plots, subsequent owners may enforce those covenants against each other. In...more

Owners and Developers Should Review Permits Now Before Time Runs Out

At the end of June, Governor Raimondo signed into law legislation that suspends the running and expiration of all development permits until June 30, 2016. This suspension further expands a permit toll that has been in place,...more

RLUIPA Round-Up

Coral Springs, Florida may allow Satanist Chaz Stevens to begin a City Commission meeting with an invocation honoring Satan in September or October. However, Mayor Skip Campbell will first meet with commission members to...more

Construction Case Law Update - June 2015

Whether a business is considered licensed turns on whether that business has a qualifying agent for the type of work to be performed as of the contract’s effective date, regardless of whether that business’s qualifying agent...more

Amendments to Florida Building Code Set to Take Effect on June 30th

Amendments to the Florida Building Code (FBC) are likely to take effect on June 30, 2015. The amendments will affect life safety provisions and will likely decrease building efficiency by reducing saleable square footage and...more

When It Comes to Property Acquisitions and Private Development, Timing May Be Everything

As the old adage goes, the three most important things to consider with real estate are location, location, and location. But any developer who has lived through a real estate cycle, and any public agency that is under a...more

What is Done is Done – and Cannot be Undone

Lady Macbeth tells her troubled husband, “What is done is done” and later says to herself “and cannot be undone.” This is the outcome in Hillcrest Property, LLP v. Pasco County, 754 F. 3d 1279 (11th Cir 2014) and apparently...more

Zoning Deficiencies Not Cured by Existing Structures Exception for ANR Plans

Dividing up the “traditional New England family compound” has a host of societal implications and land use complications that were on display in the Supreme Judicial Court’s recent decision in Palitz v. Zoning Board of...more

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