Building Permits

News & Analysis as of

A Distinction without a Difference

On April 8, 2016, we posted a blog regarding the case of Quality Built Homes, Inc. v. Town of Carthage, ___N.C. App. ___, 766 S.E. 2d 897 (2015)(unpublished). In this case, the Court of Appeals had held that the Town of...more

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

Extension Period Expires for Pennsylvania Development Permits, Approvals

Now that the extension period has ended, it is imperative for those involved in real estate development to review and understand the approvals and permits that affect their properties and properly calculate and verify the...more

Guv Wisely Eases Himself Away from High-Income Housing Easement

Charlie Baker stepped away this week from the case of the State House lawn easement for real estate developers. To do otherwise would have been foolish. Our governor is no fool....more

Unfair Competition in the Wine Industry

California counties are increasingly using California’s Unfair Competition Law (UCL) to bring government enforcement actions against local businesses for myriad reasons. California’s UCL is extremely broad, encompassing...more

Government Claims Against Contractors and Developers Subject to Statute of Repose Filing Deadlines, Arizona Court of Appeals Rules

In a matter of first impression, the Arizona Court of Appeals recently ruled that government claims against contractors and developers are subject to the time limits set forth in the Construction Statute of Repose. The...more

Alert - City Increases Park/Quimby Fees for ALL Future Residential Buildings

As some of you are aware, the City Planning Department along with Parks and Recs have been pushing to increase the Quimby fees (Parks fees for new condo/for sale units) as well as to create new Park Fees for newly constructed...more

West Coast Real Estate Update: May 2016 #2

San Francisco Requires Solar Panel Installation on New Buildings - Last month, the City of San Francisco passed an ordinance requiring all new buildings to include solar energy systems. California law currently requires...more

On Your Mark, Get Set, Build!

It has been nearly five years since Massachusetts legalized casino gambling, but the state is still without an operating resort casino. The Mashpee Wampanoag Tribe, MGM Resorts International, and Wynn Resorts are all chomping...more

Coming Soon To A Roof Near You: Solar Panels (At Least If You Live in SF)

This week, the San Francisco Board of Supervisors enacted an ordinance that will require that the developers of all new buildings of 10 floors or less that apply for building permits after January 1, 2017 install solar PV or...more

Major Takeaways from American Planning Association’s National Conference

Several R+C Land Use Group lawyers just returned from the American Planning Association’s National Conference in Phoenix, Arizona. The conference is a great opportunity to get together with planners from across the country,...more

Be Safe, Get Your Standing Evidence in Early

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

Oakland Proposed Developer Fees Updated March 24, 2016

[UPDATE: On March 22, 2016, the Oakland City Council’s Community and Economic Development Committee voted 3-1 to forward the impact fee legislation, without substantive changes, to the full Oakland City Council. The Council...more

Oakland Proposed Developer Fees Update March 11, 2016

Important changes to Oakland’s proposed new development impact fees are scheduled to be reviewed by the Oakland City Council’s Community and Economic Development Committee on March 22. If approved, the full City Council is...more

No Appeal to Housing Court for Major Development Projects Says Top Mass. Court

Appeals of major development projects of 25 or more dwelling units or 25,000 square feet or more of gross floor area cannot go to the Massachusetts Housing Court, as jurisdiction for these projects is exclusively with the...more

California Environmental Law & Policy Update - March 2016

Environmental and Policy Focus - Marin assemblymember proposes Australian water trading market approach to address drought - Marin Independent Journal - Feb 29 State Assemblymember Marc Levine, D-Marin County, has...more

New draft law on wind turbines location

Today, 19/02/2016, the Law and Justice Party brought to the Sejm (lower chamber of the Parliament) a project of an Act on wind turbines investments....more

When Can You Appeal a Local Permitting Decision? It Just Got More Complicated.

On Tuesday, the Maine Supreme Judicial Court (SJC) issued a decision addressing when someone can appeal to court a local board decision that is related to another local board decision, and concluded that the appeal can be...more

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

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