News & Analysis as of

Building Permits

Crossing the line? Obtaining Building Permits for Decks in CIC’s

by Hellmuth & Johnson PLLC on

As summer gets into full swing, Minnesotans spend more time outdoors, and some community association members make plans to build or replace decks attached to their homes. In many cases, such decks extend beyond the unit...more

Governor's Zika Virus Orders Extend Deadlines for Development Permits

by Holland & Knight LLP on

An opportunity to obtain substantial permit and development order extensions is available as a result of Emergency Orders issued by Florida Gov. Rick Scott because of the Zika virus. To date, holders of certain development...more

Court Rejects Late Challenge to Permits for New Lifeguard Station on San Diego’s Mission Beach

by Miller Starr Regalia on

California provides relatively short statutes of limitations for challenges in the land use context. For example, Government Code section 65009(c)(1) provides that “no action or proceeding shall be maintained [for a wide...more

Oportunidad adicional para una mayor extensión de permisos de construcción y órdenes de desarrollo

Debido a la reciente declaración del gobernador Scott acerca del estado de emergencia por el virus del Zika, quienes cuenten con permisos y órdenes de desarrollo tienen otra oportunidad para suspender el período restante para...more

Additional Opportunity for Increased Extension of Building Permits and Development Orders

Due to Governor Scott’s recent expansion of the State of Emergency issued for the Zika Virus, holders of permits and development orders have another opportunity to toll the period remaining to exercise rights under the permit...more

Appellate Group News: 2016 Year In Review

by Murtha Cullina on

The Appellate Practice Group of Murtha Cullina is regularly trusted to handle appeals by trial counsel within and outside the firm, as well as individuals and institutional clients. We are grateful for these opportunities and...more

Important Decision Regarding Pre-Existing Nonconforming Structures

by Goulston & Storrs PC on

In a recent decision, the Land Court clarified that Massachusetts state law does not require local zoning boards to make detailed factual findings when approving an extension or alteration to a pre-existing nonconforming...more

Old MacDonald Had a Farm. Wait, Maybe He Didn’t.

In March 2015, Katie and Chris Brewer bought 22 acres in Chapel Hill, Orange County – a rural, wooded spot – through an entity called Southeast Property Group, LLC. Among other things on their property, the Brewers intended...more

Dealing with Nuisance Properties: The Tools in Your Code Enforcement Tool Box

by Best Best & Krieger LLP on

A nuisance residential or commercial property creates serious problems for the surrounding community and headaches for the officials who must deal with it. If left unchecked, these blighted properties become a chronic drain...more

Federal Court in Hawaii Holds that an Unlicensed Subcontractor May Pursue Contract Claims Against Contractor Notwithstanding...

by Pepper Hamilton LLP on

U.S. Pipelining LLC v. Johnson Controls, Inc., No. 16-00132 HG-RLP, 2016 U.S. Dist. LEXIS 150767 (D. Haw. Oct. 31, 2016) - This action arose out of the renovation of a condominium complex on Maui (Project). Johnson...more

Tragedy at Construction Project Leads to New Safety Rules and Regulations in Boston

The city of Boston will soon require all companies and individuals planning to perform construction work in the city to provide their safety records prior to obtaining a permit. The new ordinance arose out of a tragedy that...more

New Developments, New Fees: Orlando Residential Developments Face Park Impact Fees

Effective March 1, 2017, Park Impact Fees will be assessed on new residential permits issued throughout the City of Orlando. The fees are as follows...more

Extend Development Orders and Building Permits for Almost One Year Due to Zika State of Emergency Extension - Interested parties...

Governor Scott, for the second time, has extended the State of Emergency issued for the Zika Virus. As a result, holders of development orders and building permits have another opportunity to claim a longer extension. The...more

Final D.C. Groundwater Well Requirements Will Impact Many Property Owners

by Holland & Knight LLP on

The District of Columbia Department of Energy and Environment (DOEE) on Oct. 28, 2016, published final rules governing the construction, maintenance and abandonment of wells. The new regulations became effective immediately...more

Florida Development Permits Eligible for Extensions Due to Storms and Other Conditions

by Holland & Knight LLP on

In accordance with Section 252.363, Florida Statutes, when the governor declares a state of emergency in Florida, the time to exercise rights under a permit, authorization or development order is tolled and an opportunity to...more

Eight Ways Your Wine Business Can Avoid, Survive Unfair-Competition Actions

California counties in winemaking regions are increasingly using the state’s Unfair Competition Act (Business & Professions Code Section 17200 and 17500) to bring government enforcement actions against local wine industry...more

The Construct - November 2016

In This Issue: - Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry: Here we are. The rollercoaster 2016 election ends tomorrow. Millions of Americans have voted already. Polls...more

D.C. Court of Appeals Decision Covers Important Contracting Principles

The D.C. Court of Appeals (the Court) recently issued a decision covering some important public construction contract principles, most notably notice, cost and pricing data requirements, and the implied duty of good faith and...more

Pennsylvania is Back on the Clock with the Development Permit Extension Act

by Barley Snyder on

A government-approved “time-out” on commercial and residential development in Pennsylvania is ending, and could lead to a surge of development throughout the state. The sluggish economy of the recent recession spurred...more

Less Is More?: New North Carolina Law Clarifies When Building Permits Are NOT Required

A new law took effect in North Carolina on October 1, 2016, and it affects the need for building permits. Session Law 2016-113, entitled An Act to Provide Further Relief to the Agricultural Community, clarifies in Section 13...more

New Developments, New Fees

Orlando Residential Developments Face Park Impact Fees Effective March 1, 2017, Park Impact Fees will be assessed on new residential developments throughout the City of Orlando. The fees are as follows...more

Massachusetts State Building Code Update: Amendments to 8th Edition adopted effective August 12th with Concurrency Period until...

by Goulston & Storrs PC on

The following is an update to the G&S advisory published in January 2016 regarding the proposed amendments to the Massachusetts State Building Code. On July 19, 2016, the Massachusetts Board of Building Regulations and...more

Texas Supreme Court Affirms Property Owners' Rights Within the Extraterritorial Jurisdiction

by Jackson Walker on

On May 27, 2016, in Town of Lakewood Village v. Bizios, the Texas Supreme Court held that general law municipalities do not have the authority to enforce building codes within their extraterritorial jurisdictions (ETJs). This...more

Improving Waterfront Property: Challenges to the Fifty Percent Rule are Strictly Construed

Anyone working in waterfront construction long enough has a story (or knows someone who does) about pulled permits or burdensome local rules and regulations which may turn a waterfront dream renovation into a nightmare....more

Dark Clouds Have Silver Lining for Permit Holders

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

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