News & Analysis as of

Land Developers

Florida Development Permits Eligible for Extension Due to Hurricane Irma

by Holland & Knight LLP on

A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Hurricane Irma. Holders of certain development orders can request at least an additional six months to...more

The Texas Tree Mitigation Fee Credit Bill is Resurrected from the Dead

by Jackson Walker on

Many developers must remove existing trees in order to build new homes or buildings. Some cities have required developers to pay fees, known as tree mitigation fees, as a condition for permitting the removal of the trees....more

Well, Isn't That a Special Use? Navigating the Special Use Permit Process in North Carolina

by Ward and Smith, P.A. on

North Carolina statutes provide that cities and counties may issue special use permits in accordance with the principles, conditions, safeguards, and procedures specified in their zoning regulations. A special use permit...more

Court of Appeal Rules That Subdivision Map Act Does Not Require City to Determine Legal Status of Lots Created by Older Map Before...

by Miller Starr Regalia on

Since 1907, the Subdivision Map Act has “grandfathered” older subdivisions and the parcels they created if they were properly recorded under any law (including a local ordinance), regulating the design and improvement of...more

Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND

by Downey Brand LLP on

CEQA decisions usually arise in the context of a challenge to a lead agency’s approval of a project and a related CEQA document. However, in a recent decision, Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034...more

Developer Asks SCOTUS To Hear Fla. Takings Case

by Fox Rothschild LLP on

A Florida developer petitioned the U.S. Supreme Court to hear a $10 million takings case against the Florida Department of Environmental Protection The developer alleged that the DEP’s denial of a development permit for a...more

Court Dismisses Developer’s Claim Against Township For Damages

by Fox Rothschild LLP on

In the case of Cardinal Crossing v. Marple Township, the PA Commonwealth Court was faced with the issue of whether a developer, who spends substantial funds on a development, in reliance on statements of support from a...more

Seeking Site-Specific Relief After Successful Ordinance Validity Challenge

by Fox Rothschild LLP on

In a recent Commonwealth Court decision, Appeal of Chester County Outdoor, LLC, No. 1761 C.D. 2016, 2017 WL 3198266 (Pa. Comm. July 28, 2017), the Court held that, after a successful validity challenge to an ordinance, the...more

Florida Development Permits Eligible for Extension Due to Tropical Storm Emily

by Holland & Knight LLP on

A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Tropical Storm Emily. Holders of certain development orders can request an additional six months to...more

IRS Focuses on Tax Exempt Financings Involving Developers

For a number of years, the IRS Office of Tax-Exempt Bonds ("TEB") has expressed concerns about potential tax abuses that may exist in what it has characterized as "developer-driven deals" involving the use of tax-exempt...more

Office of Planning and Research Releases Updated General Plan Guidelines

On August 2, 2017, the California Governor’s Office of Planning and Research (“OPR”) released its first update to the General Plan Guidelines (the “Guidelines”) since 2003. The Guidelines provide guidance to cities and...more

Arrested Development? After year of defeating development, could LI be the ‘Land of No’ no longer?

by Farrell Fritz, P.C. on

This Long Island Business News Article quotes Farrel Fritz' Attorney Anthony Guardino. Long Island has long been a tapestry of small towns from Manhasset to Montauk, with local regulations that seem designed to help keep...more

15 Creative Ways Large Real Estate & Infrastructure Developers Raise Millions Outside of Traditional Debt and Equity (Part II)

by Slim Ventures LLC on

There is an expression that land development is a wealthy man’s game. Indeed, in our recent meeting with a very seasoned developer (over 30,000 lots before the Recession, now, licking his wounds, down to only 900), he...more

Considerations for Participants in the Expanding Market for Compensatory Mitigation Credits

by Sullivan & Worcester on

In a recent blog post, we described the basic statutory and regulatory framework supporting the increasing popularity of mitigation banking. In this update, we offer some additional observations for property owners and other...more

MPC Permits A Private Cause Of Action To Enforce A SALDO

by Fox Rothschild LLP on

In a case caption Smith v. Ivy Lee Real Estate, LLC, the Commonwealth Court of Pennsylvania was faced with the question if Section 617 of the MPC permits a private cause of action to enforce a subdivision land development...more

Voters May Not Usurp City’s Administrative Land Use Authority Through Initiative Process

by Miller Starr Regalia on

In The Park at Cross Creek LLC v. City of Malibu (2nd Dist. 2017), ___Cal.App.5th___ (Case No. B271620), the Court addressed the validity of a voter enacted initiative, Measure R, designed to limit large developments and...more

U.S. Supreme Court Establishes New Test for Evaluating Property Rights Under the Takings Clause

by Holland & Knight LLP on

In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S.S.C. June 23, 2017), the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings:...more

Which Onlot System Can You Use For Planning Your New Development Project?

by Fox Rothschild LLP on

If you are planning a new development project in Pennsylvania and cannot connect it to public sewer, navigating the Pennsylvania Department of Environmental Protection’s (the “Department”) requirements for the use of an onlot...more

What To Do If A Municipality Denies Your Act 537 Planning Module Update

by Fox Rothschild LLP on

Nothing can stop a development project faster than a Pennsylvania municipality denying a developer’s Act 537 planning module for wastewater management. If the municipality refuses a developer’s plan to connect to public sewer...more

What lenders need to know

The most ignored set of laws in Tennessee that impact commercial developers and their lenders are the construction “retainage” laws. Typically during a commercial project, once a draw is approved/funded by the lender, the...more

U.S. Supreme Court: State Law Merging Lots in Common Ownership Not a Regulatory Taking

by Holland & Knight LLP on

In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single...more

Richmond’s ‘Unabashedly Urban’ Rezoning Plan May Foster Commercial Development

by McGuireWoods LLP on

When the City of Richmond’s Bus Rapid Transit (BRT) system (known as the PULSE) begins operating along Broad and East Main streets in October 2017, new transit oriented development projects in that area may follow. If a...more

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

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