News & Analysis as of

Conditional Use Permit

Board of Supervisors to Consider Compromise Inclusionary Housing Legislation

On June 5, the Land Use and Transportation Committee of the Board of Supervisors will consider compromise inclusionary housing legislation. As shown in our summary comparison chart, the legislation would generally retain...more

Church’s RLUIPA Claim Against an Illinois City is “Likely to Succeed”

The District Court for the Northern District of Illinois granted a preliminary injunction prohibiting the City of Markham from requiring the Original Bible Church of Illinois to obtain conditional use approval to use property...more

Land Use Matters, Alston & Bird LLP, November/December 2016

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Blowing Smoke About Impacts? Fourth District Rejects Speculative CEQA Challenge to San Diego’s Medical Marijuana Consumer...

by Miller Starr Regalia on

In a 29-page published opinion filed October 14, 2016, the Fourth District Court of Appeal dispensed some good news to municipalities desiring to reasonably regulate retail medical marijuana facilities within their...more

RLUIPA Case of the Year? Minnesota Municipality Uses RLUIPA’s Safe Harbor Provision to Avoid Liability

In an important decision for municipalities across the country, a federal court in Minnesota has recently ruled that actions taken under RLUIPA’s “safe harbor” provision absolved a local government of possible RLUIPA...more

Sky Has Not Fallen in Medicinal Pot Shop's First Month in Downtown Boston

by PretiFlaherty on

I’m wondering how the persons and organizations who tried to block the opening of a medical marijuana dispensary in downtown Boston are feeling now, one month after the dispensary opened. Are they relieved that it has caused...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

California Environmental Law & Policy Update - August 2016 #2

by Allen Matkins on

Environmental and Policy Focus - In California's climate debate, state lawmakers push for more authority - Los Angeles Times - Aug 11 - Over the last two weeks, a bipartisan group of assembly members have...more

Unsubstantiated Challenges to an Agency’s Conditional Use Permit Findings Will Not Fly

by Miller Starr Regalia on

Developing real property in California is notoriously difficult. Given minimal standing requirements, project opponents can and do tie up and delay new development for the mere cost of a filing fee. In order to prevail in...more

Court Rejects General Plan Consistency Challenge Regarding City’s Approval of Franchise Retail Store Where Applicable Economic...

by Miller Starr Regalia on

Numerous California communities regulate broad economic development objectives through general plan goals and policies intended to encourage and support small businesses or to ensure the compatibility of new commercial...more

Fourth District Holds Non-Expert Opinion Fails To Support “Fair Argument” Under CEQA That Approval of Non-Regional Retail Store In...

by Miller Starr Regalia on

In an opinion filed June 15, and ordered partially published on July 13, 2016, the Fourth District Court of Appeal reversed the trial court’s judgment requiring the County of San Bernardino to prepare an EIR instead of a...more

Vested Rights Conferred Under Local Ordinance Trump Conditional Use Permit Requirement Later Imposed by Emergency Ordinance

by Miller Starr Regalia on

On June 23, 2016, in Stewart Enterprises, Inc. v. City of Oakland, __ Cal.App.4th __ (2016) (Case No. A143417), the Court of Appeal for the First Appellate District issued an important decision dealing with whether a new...more

New LA Ordinances “Clean Up, Green Up” Industry in Residential “Toxic Hotspot” Neighborhoods

On June 4, 2016, two new Los Angeles ordinances will go into effect under the Clean Up, Green Up (CUGU) initiative. The initiative aims to improve air quality and residential quality of life in areas with high concentrations...more

Chabad Files RLUIPA Suit Against Toms River, New Jersey

Rabbi Moshe Gourarie and the Chabad Jewish Center of Toms River Inc. (the “Center”) have sued the Township of Toms River, New Jersey, and the Township’s Zoning Board of Adjustment (“ZBA”) in the Federal District Court of New...more

Ninth Circuit Rules in Favor of Soup Kitchen in Dispute with San Buenaventura, CA

The U.S. Court of Appeals for the Ninth Circuit has reversed a district court’s decision that Harbor Missionary Church’s (Church) religious exercise was not substantially burdened by the City of San Buenaventura’s denial of a...more

Virginia Supreme Court Opinions Affecting Local Government Law: December 17, 2015, January 14, 2016 and February 12, 2016

by Sands Anderson PC on

The Virginia Supreme Court issued opinions on February 12, 2016, just before Jane Marum Roush’s second interim gubernatorial appointment to the Virginia Supreme Court expired....more

North Carolina Considers Additional Statewide Permitting Requirement for Solar Farms

by Foley & Lardner LLP on

North Carolina has been a hotbed of activity for residential and utility scale solar developers. According to the Solar Energy Industry Association, the Tar Heel State ranks fourth in the country in terms of installed solar...more

Illinois Nuns Sue Over Brewery/Nursing Home Denial

Fraternite Notre Dame, Inc. is suing the County of McHenry, Illinois, over the County’s denial of a petition to amend a conditional use permit. Notre Dame’s mission includes various charitable activities, such as a daily...more

Synagogue Neighbor’s Weekday Service Protest Dismissed by New York Court

In 2005, the Village of Lawrence (Village) granted permission to Bais Medrash of Harborview Synagogue (Medrash) to construct a synagogue on three contiguous lots. As part of its approval, Medrash entered a Declaration of...more

Pennsylvania State Trial Court Dismisses Appeal Challenging Constitutionality of Local Ordinance Regulating Natural Gas Drilling

by Reed Smith on

In Delaware Riverkeeper Network, et al. v. Middlesex Township Zoning Hearing Board, A.D. No. 15-10429 (Nov. 19, 2015), Butler County Judge S. Michael Yeager upheld a gas drilling ordinance that was challenged by residents and...more

Land Use Matters: Alston & Bird LLP, November 2015

by Alston & Bird on

City of Los Angeles - City Council - PLUM Approves Clean Up Green Up Ordinance - On November 24, 2015, the Planning and Land Use Management Committee (PLUM) considered the draft Clean Up Green Up (CUGU)...more

Kern County Acts to Streamline Oil & Gas Permitting

by Stoel Rives LLP on

In a process that took nearly three years to complete, on Monday, November 9, the Kern County Board of Supervisors unanimously approved a significant change to its oil and gas regulations....more

Hope Rising Church Hoping for a Preliminary Injunction

In June 2014, Plaintiff Hope Rising Community Church sought to establish a place of worship in Penn Hills, Pennsylvania. According to its complaint, Pastor Harry Hoff met with Penn Hill’s planning and code enforcement...more

Pennsylvania Appeals Court Reverses Lower Court Decision and Allows a Natural Gas Well Project to Proceed in a Residential...

by BakerHostetler on

On September 9, 2015, Judge Mary Leavitt of the Commonwealth Court of Pennsylvania reversed the Court of Common Pleas of Lycoming County’s ruling, which had set aside the Board of Supervisors of Fairfield Township’s (the...more

Illinois Federal Court Dismisses Some, But Not All, RLUIPA Claims

A federal court in Illinois, in Church of Our Lord and Savior, Jesus Christ v. City of Markham, Illinois (N.D. Ill. 2015), dismissed some of the Church’s religious land use claims while allowing others to proceed. The case is...more

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