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Exemptions Real Estate Development

Venable LLP

Green Fast Track for Housing Rule to Streamline Residential Development in NYC

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As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule...more

Sheppard Mullin Richter & Hampton LLP

Big Streamlining for Small Subdivision Developers

To address the housing crisis in California, Senate Bill 684 (SB 684), passed in 2023 but effective as of July 1, 2024, aims to simplify the approval process for small-scale for-sale housing projects, facilitate a quicker...more

Venable LLP

Supreme Court Considers Whether to Expand Constitutional Takings to Legislative Development Fees

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When George Sheetz planned to build an 1800-square-foot manufactured home on his California property, he could hardly have thought his routine permit request would end up at the U.S. Supreme Court. But when the County of El...more

Miller Starr Regalia

Fourth District Affirms Judgment Upholding City’s Use of CEQA Guidelines’ Historical Resource (Class 31) Exemption To Approve...

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In an opinion filed September 13, and modified and certified for publication on October 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed the trial court’s judgment denying a CEQA writ petition challenging the...more

Miller Starr Regalia

Second District Affirms Judgment Voiding CEQA Infill Exemption For Hollywood Hotel Project That Would Demolish Affordable Housing...

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In an opinion filed June 28, 2023, and later ordered published on July 25, 2023, the Second District Court of Appeal (Div. 5) affirmed a judgment granting a writ of mandate setting aside (1) the City of Los Angeles’ (City)...more

Perkins Coie

General Request for EIR Insufficient to Exhaust Administrative Remedies When Challenging Reliance on Categorical Exemption

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Plaintiff did not exhaust administrative remedies when challenging the City’s approval of a homeowner’s development project on the ground that a Class 1 categorical exemption was inapplicable. Arcadians for Environmental...more

Alston & Bird

Land Use Matters March 2023 – CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

Los Angeles City Planning and Department of Building and Safety - COVID-19 Emergency Public Order on Tolling and Time Limits Rescinded - On March 21, 2020, then-Mayor Eric Garcetti issued a COVID-19 emergency public order to...more

Miller Starr Regalia

Another Call for CEQA Litigation Reform? Second District Rejects NIMBY Group’s CEQA, Coastal Act, and Land Use Challenges, Affirms...

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In a published opinion filed March 8, 2023, the Second District Court of Appeal (Division 8) affirmed the trial court’s judgment denying writ relief in a lawsuit challenging approval of a CEQA-exempt eldercare facility...more

Holland & Knight LLP

D.C. Office of Planning Recommends Not Moving Forward with Inclusionary Zoning Amendment

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The Office of the Attorney General for the District of Columbia (OAG) filed a petition in December 2021 to amend Subtitle I of the Zoning Regulations to apply the Inclusionary Zoning (IZ) program to currently exempt Downtown...more

Miller Starr Regalia

Neighbor-Led Group Opposing Single-Family Home Expansion Project Failed To Exhaust Administrative Remedies By Making Sufficiently...

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In a published decision filed February 16, 2023, the Second District Court of Appeal (Division 7) affirmed a judgment denying a CEQA writ petition challenging approval of a single-family home expansion project because the...more

Miller Starr Regalia

Fourth District Holds Addendum To 2010 Program EIR For Irvine Business Complex Vision Plan Violated CEQA Because Conclusion That...

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In a published opinion filed February 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed a judgment setting aside an addendum to a 2010 program EIR (PEIR) and accompanying approvals for a 275,000-square foot...more

BCLP

State aid: European Commission adopts new rules for agriculture, forestry and fishery and aquaculture sectors

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The European Commission has revised its state aid rules for the agricultural, forestry and fishery/aquaculture sectors. The revisions relate to: ..the Agricultural Block Exemption Regulation (ABER); ..the Fishery...more

Downey Brand LLP

Residential Development Project Consistent with Specific Plan Found Exempt from Further CEQA Review

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In Citizens’ Committee to Complete the Refuge v. City of Newark (2021) 74 Cal.App.5th 460, the First District Court of Appeal affirmed the trial court’s ruling that a residential project in a specific plan area in the city of...more

Farrell Fritz, P.C.

Single and Separate Exemptions For Substandard Lots

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Zoning codes are constantly evolving in response to perceived or real threats of overdevelopment.  Generally, a municipality may in the reasonable exercise of its police power, amend its zoning code to be more restrictive in...more

BCLP

Emerging details of the new Biodiversity Net Gain regime

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The DEFRA consultation published this month on the scope of the biodiversity net gain regulations to be introduced under powers in the Environment Act 2021, provides developers and landowners with a much clearer indication of...more

Bricker Graydon LLP

Ohio Supreme Court denies Village of Obetz attempt to reinstate expired TIF exemption

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A recent decision by the Ohio Supreme Court addressed whether a municipality can retroactively reinstate an expired TIF exemption by amending the legislation that authorized the original exemption. The case arose from a TIF...more

Miller Starr Regalia

2020 CEQA Legislative Developments

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As we rapidly approach the end of a year of COVID-related challenges and uncertainties, CEQA practitioners may want to review the year’s key legislation impacting CEQA and its application, which was contained in the handful...more

Burr & Forman

Trump Administration Expands Tariffs Affecting Automobile, Construction & Electrical Companies

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New Tariffs on Imported Steel and Aluminum Derivative Products - On February 8, 2020, the United States expanded tariffs on steel and aluminum raw material imports to include finished product imports from all but a select...more

Bricker Graydon LLP

Calling all economic developers: Large TIFs may be eligible for a one-time extension opportunity

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In the fall of 2019, the Ohio General Assembly significantly changed state law governing tax increment financing (TIF) exemptions. For certain TIF projects, local communities can extend the exemptions – and, therefore,...more

Farrell Fritz, P.C.

Suffolk County Trap And Skeet Range May Be Silenced By Town Noise Ordinance

Farrell Fritz, P.C. on

BANG! Yaphank, New York.  In November 2019, after years of protracted ligation, Hunter Sports Shooting Grounds, Inc., (“HSSG”) the operator of the Suffolk County Skeet, Trap & Sporting Clays Range (“Range”), was dealt another...more

Stinson LLP

CATEX Controversy: The Ninth Circuit Strikes Down FAA Decision to Exempt a Sea-Tac Operational Change from Environmental Review

Stinson LLP on

The process for approving changes in airport operations and development projects may now be more complicated, time-consuming, expensive and uncertain, due to a new federal appeals court decision. The decision faults the...more

Coblentz Patch Duffy & Bass

California Passes Rent Cap and Eviction Protections with AB 1482

In September, the California Legislature approved AB 1482, the Tenant Protection Act of 2019. Governor Newsom signed the bill on October 8, making California the third state this year to impose statewide residential rent...more

Miles & Stockbridge P.C.

Proposed CFIUS Regulations Sweep in Foreign Investment in Real Estate Transactions; Comments Due October 17

Banks, builders, developers and all those active in commercial real estate, particularly in Maryland, D.C., and Virginia, should be closely following proposed new Treasury Department rules governing foreign investment in real...more

Pierce Atwood LLP

Mass. SJC Reaffirms that Zoning Exemption for Educational Uses is Expansive; Residential Psychiatric Program for Adolescents...

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In a noteworthy decision yesterday, the Supreme Judicial Court (SJC) reaffirmed that the exemption in the state’s Zoning Act, M.G.L. c. 40A, for uses deemed to be “for educational purposes,” is construed very broadly.  That...more

Bilzin Sumberg

Ley de apelaciones de zonificación de Florida: Denegación de excepción especial anulada en el condado de Miami-Dade

Bilzin Sumberg on

En la reciente decisión dictada en la causa Publix Supermarkets, Inc., v. Miami-Dade County, expediente n.º 17-082 AP, el Tribunal del Undécimo Circuito Judicial del condado de Miami-Dade sostuvo lo siguiente: (i) el...more

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