Conditional Use Permit

News & Analysis as of

Court Order Cuts Attorneys’ Fees in Jacksonville Beach Case

Earlier this year, we reported that the dispute between Jacksonville Beach, Florida and the Church of Our Savior continued to boil in mediation, with attorneys’ fees nearing $700K. After finding that Jacksonville violated...more

RLUIPA Round-Up

This week, RLUIPA Defense continues its effort to aggregate important new stories reflecting the intersection of religion, land use and local government. Indiana’s First Church of Cannabis in Indianapolis – Indiana’s...more

RLUIPA Round-UP

Here are some developments that we are following involving religious land use and the intersection of religion and local government. New Life Evangelistic Center, which runs a homeless shelter in downtown St. Louis,...more

Appellate Court Reaffirms Broad Discretion of Trial Courts to Determine Appropriate Attorneys’ Fees

The Fourth Appellate District upheld the trial court’s award of less than 10% of the fees requested by the prevailing petitioner in a CEQA case, finding no abuse of the broad discretion accorded trial courts in awarding fees....more

New RLUIPA Suit: Kansas Church Sues Crawford County Commissioners

Liberty Baptist Church, a Kansas church founded in 1947 with a congregation of about 15 members (Church), is suing the Board of County Commissioners of Crawford County, Kansas over the denial of its application for a...more

Real Estate and Land Use: Party On...

Woody’s Group, Inc. v. City of Newport Beach (2015) 233 Cal.App.4th 1012 - Why It Matters: Woody’s Group establishes a very low threshold to prove a decision maker’s unacceptable probability of actual bias, thereby...more

Real Estate and Land Use - March 2015

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more

Council Member Barred From Considering Own Appeal

In Woody’s Group, Inc. v. City of Newport Beach, the Fourth District Court of Appeal held that the City Council of Newport Beach “violated two basic principles of fairness: you can’t be a judge in your own case, and you can’t...more

Ninth Circuit to Consider Effect of Hobby Lobby in Land Use Context

We previously reported on the lawsuit filed by Harbor Missionary Church against San Buenaventura, California involving the City’s denial of a conditional use permit to allow the Church to continue to operate a soup kitchen in...more

St. Anthony, Minnesota to Pay $200,000 to Settle RLUIPA Suit Brought by Department of Justice

Earlier this year, we reported on the lawsuit filed by the U.S. Department of Justice (“DOJ”) against the City of St. Anthony Village, Minnesota (“City”) over the City’s denial of Abu Haraira Islamic Center’s (“Center”)...more

Fifth District Rejects CEQA Challenge to Fresno County Aggregate Mine Project EIR In Partially Published Decision, Clarifies State...

In a lengthy, 65-page opinion filed December 8, 2014 (of which fully two-thirds was unpublished), the Fifth District Court of Appeal affirmed the Fresno County Superior Court’s judgment upholding the EIR, Conditional Use...more

Real Estate Tip: Should Developers Select Selective Enforcement?

Let’s say you and 20 other drivers are exceeding the speed limit and the police give you, but no one else, a speeding ticket. Analyzing your fate requires using a legal concept called “selective enforcement.” This principle...more

What’s a “Similarly Situated” Comparator under RLUIPA’s Equal Terms Provision? Florida Federal Court Explains in Finding Against...

Few courts have identified what it means to be a “similarly situated” comparator under RLUIPA’s equal terms provision. Recently, in Church of Our Savior v. City of Jacksonville, (M.D. FL 2014), a federal court in Florida...more

DOJ Sues Minnesota City Over Denial of Islamic Somali Immigrants’ Mosque Proposal

The U.S. Department of Justice (DOJ) has sued the City of St. Anthony Village under the Religious Land Use and Institutionalized Persons Act (RLUIPA) after the City Council, in 2012, denied the Abu Huraira Islamic Center’s...more

Hey Wait, What About Our Fancy New Quasi-Judicial Statute?

In 2009, the North Carolina General Assembly adopted Senate Bill 44, an act that codified the case law regarding quasi-judicial land use proceedings, including the proper standards and procedures for judicial review. See N.C....more

Supreme Court Clarifies The Standard To Be Applied When Evaluating The Negative Criteria For A Conditional Use Variance...

In a recent decision entitled TSI East Brunswick, LLC v. Zoning Bd. of Adjustment of Twp. of East Brunswick, the Supreme Court held that the enhanced quality of proofs standard established in Medici v. BPR Co., 107 N.J. 1...more

NJ Supreme Court Settles Proof Debate For Conditional Use Variances

The New Jersey Supreme Court has finally settled the question concerning the burden of proof for an applicant to obtain approval of a conditional use variance....more

Temporary Regulatory Takings Do Exist in California!

Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more

Second District Rejects CEQA Challenge To EIR for Riverbed Sand And Gravel Mining Project, Upholds Santa Barbara County’s...

The Second District Court of Appeal upheld the County of Santa Barbara’s Final Revised Environmental Impact Report for a 30-year conditional use permit (CUP) for the Diamond Rock mine project. Save Cuyama Valley v. County of...more

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