News & Analysis as of

Land Developers

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: - AC38945 - Shook v. Bartholomew - AC38945 - Shook v. Eastern Connecticut Health Network, Inc. Defendants could not appeal plaintiff’s verdict in this motor vehicle accident...more

A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

by Jackson Walker on

Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial...more

IRS Announces Tax Audit Targets

Over the past several years, IRS has reduced the number of its tax auditors by about 25 percent – from just over 12,000 tax auditors in 2011 to about 9,000 tax auditors in 2015. This staffing reduction has forced IRS to focus...more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 2

by Farrell Fritz, P.C. on

In this post, which is the second segment of a three-part series, we will highlight the various ways that local governments facing fiscal challenges have turned to imposing fees related to the administration of their zoning,...more

Supreme Court Decides Town of Chester v. Laroe Estates, Inc.

by Faegre Baker Daniels on

On June 5, 2017, the Supreme Court decided Town of Chester v. Laroe Estates, Inc., No. 16-605, holding that a litigant who wishes to seek relief different from that sought by a party with standing in a lawsuit may not...more

Treaty Obligations to Protect Fish Habitat From Degradation Upheld

by Perkins Coie on

In July 2016, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable...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

Top Ten Takeaways From Combatting NIMBYism Breakfast Briefing - Understanding and Combatting Objections to Real Estate...

by Foley & Lardner LLP on

On April 25th, Foley hosted a Land Use Connection Breakfast Briefing on Combatting NIMBYism. Donna Pugh, Land Use Real Estate Partner, served as the moderator for the event. We had three featured presenters as well: Doug...more

Additional Opportunity for Increased Extension of Building Permits and Development Orders: Interested parties must notify issuing...

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

California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

by Snell & Wilmer on

The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court...more

[Event] Nossaman's 2017 Northern California Environmental and Land Use Seminar - May 18th, Walnut Creek, CA

by Nossaman LLP on

Join us for our first Environmental and Land Use Law Update in Northern California! This complimentary seminar will be comprised of panel discussions on a spectrum of critical federal and state environmental and land use...more

Sixth District Rejects “Piecemealing” and Other CEQA Challenges to Ordinances Enacted Pursuant to Santa Cruz County’s Zoning...

by Miller Starr Regalia on

Like the fable of the blind men and the elephant, CEQA’s prohibition on “piecemealing” of environmental review is animated by a basic recognition that the “whole” of an action under review is greater than its individual parts...more

Time for Plan B? Amending a Planning Scheme.

by Reed Smith on

In today’s volatile markets the commercial viability of a project can change in the time it takes to implement a hard-won planning consent and even after works have begun. It may therefore be necessary to amend a scheme...more

New Fairfax County Proffer Compliance Requirements Released

by McGuireWoods LLP on

A new initiative to provide better proffer compliance tracking has launched in Fairfax County. The initiative requires applicants to submit a standalone proffer compliance matrix beginning at the first site plan submission. ...more

Vested Rights – Court of Appeals Update

by Farrell Fritz, P.C. on

Sometimes called a “case of the race,” the common law doctrine of vested rights is “one of the most troublesome areas of land use regulation.” Exeter Building Corp v Town of Newburgh, 114 AD3d 774 [2d Dept 2014]....more

Update on Fairfax Forward Process

by McGuireWoods LLP on

This is a follow up to our earlier briefing on the proposed revisions to the “Fairfax Forward process”. McGuireWoods’ lawyers have been working closely with County leadership and the land use bar to understand the proposed...more

Development Process Committee Agenda Released

by McGuireWoods LLP on

FAIRFAX COUNTY BOARD OF SUPERVISORS - DEVELOPMENT PROCESS COMMITTEE MEETING - March 28, 2017 – 10:00am – Government Center Conference Room 11...more

The Dusky Gopher Frog Lives to Fight Another Day: Fifth Circuit Denies Rehearing

by Liskow & Lewis on

On February 13, 2017, the U.S. Court of Appeals for the Fifth Circuit denied Defendants’ Petition for Rehearing En Banc in the case titled Markle Interests, L.L.C., et al. v. U.S. Fish and Wildlife Service, et al. The...more

Court of Appeal Clarifies Meaning of “Full Text” Requirement for Ballot Initiatives

by Miller Starr Regalia on

On February 28, 2017, just six days after oral argument in Wilson v. County of Napa, __ Cal.App.5th __ (2016) (Case No. A149153), the Court of Appeal for the First Appellate District affirmed a trial court decision in favor...more

Fifth Circuit Rejects Petition For Banc Rehearing In ESA Case Markel Interests, LLC v. U.S. Fish and Wildlife Service

On February 13, a sharply divided U.S. Court of Appeals for the Fifth Circuit , by a vote of 8 to 6, rejected a petition seeking an en banc rehearing of the court’s initial decision in the case of Markel Interests, LLC, et...more

West Coast Real Estate Update: January 2017 #2

by Holland & Knight LLP on

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges?

by Farrell Fritz, P.C. on

In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State, are turning to the use of various forms of land development fees to meet their fiscal challenges. In...more

Fairfax County Policy Plan Amendment Supports Higher Intensities for Self-Storage and Data Center Uses

by McGuireWoods LLP on

The Fairfax County Board of Supervisors recently adopted a Policy Plan Amendment that will potentially open industrial planned areas County-wide by providing additional FAR for Data Center and Self-Storage uses. This much...more

Farrell Fritz Land Use Blog- 2016 Year in Review

by Farrell Fritz, P.C. on

Before we blog our way into 2017, we wanted to take a moment to review the topics that we blogged about in 2016 and to remind our readers that the land use practice group at Farrell Fritz is a diverse group of attorneys,...more

A Look Ahead at Construction in 2017

by Burr & Forman on

Most experts say that the construction industry will experience slow and continued growth throughout the new year. For example, according to Dodge Data & Analytics, construction in 2017 is anticipated to see moderate job...more

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