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Land Use Restrictions Construction Project

Bennett Jones LLP

Be Careful what you Agree to: Municipal and Planning Agreement Enforceability and the Potential for Perpetual Impacts on...

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When are agreements entered into as part of the land use planning approval process an extension of that process, and therefore changeable through a future process, and when are they more akin to commercial contracts that will...more

Venable LLP

Two Northern Virginia Counties Are Tightening Their Data Center Regulations

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Fauquier County and Fairfax County are tightening zoning regulations for data center developments. In March, the Fauquier County Board of Supervisors approved zoning changes for the Vint Hill area's Planned Commercial...more

Venable LLP

Fauquier County's Board Implements New Data Center Development Policy Guidance

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On December 14, 2023, the Fauquier County Board of Supervisors adopted policy guidance for data center development. The Data Center Development Policy limits where data centers can be established and regulates various aspects...more

Sullivan & Worcester

Zoning and Development Newsletter - January 2024

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Welcome to the Third Issue of Sullivan’s Zoning and Development Newsletter- This newsletter is a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide...more

Pullman & Comley, LLC

Why Mediate a Land Use Dispute?

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When disputes arise over land use issues, whether it is the approval or denial of a land use application, we have traditionally turned to our judicial system for their resolution. Indeed, in Connecticut, we have been...more

Lerch, Early & Brewer

City of Gaithersburg ‘Retooling’ and Modernizing Zoning Ordinance

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In 1965, the Voting Rights Act was passed, the Beatles performed the first stadium concert in the history of rock, and the Washington Hilton opened just north of Dupont Circle in Washington, DC....more

Brownstein Hyatt Farber Schreck

Land Use Bill Could Change How Local Governments Review New Housing Projects

Colorado Gov. Jared Polis’ wide-ranging land use bill targeting housing affordability was introduced on March 22, 2023, as SB 23-213, sponsored by Sen. Dominick Moreno (D-Adams) and Reps. Iman Jodeh (D-Arapahoe) and Steven...more

Farrell Fritz, P.C.

No Standing to Protect the Pine Barrens

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Before adjudication, a court must determine whether a plaintiff has standing. Standing means that the party has a right to access the courts for a particular dispute. A petitioner bears the burden to show an actual injury and...more

Farrell Fritz, P.C.

Fourth Department Frenzy: Reversionary Zoning, Sewer Agreements, Site Plan Review, and Constitutional Rights

Farrell Fritz, P.C. on

In Riedman Acquisitions, LLC v Town Bd. of Town of Mendon, 194 AD3d 1444, 2021 NY Slip Op 02952 [4th Dept 2021], the Appellate Division, Fourth Department, addressed several significant issues concerning land development...more

Downey Brand LLP

Third District Finds County General Plan Requirements for Mitigating Traffic Impacts Present an Unconstitutional Exaction

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In an opinion filed on April 19, and certified for publication on May 4, 2021, the Third Appellate District in Alliance for Responsible Planning v. Taylor (County of El Dorado) held that a citizen-sponsored ballot measure...more

Lowndes

Governor DeSantis Signs Law Limiting Increases to Impact Fees

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Late last week, Governor DeSantis signed into law a bill that limits the extent to which local governments may increase impact fees imposed on builders and developers. Impact fees help pay for infrastructure needed to support...more

Lowndes

Orange County Updates School Impact Fee Rates

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On December 1, 2020, the Orange County Board of County Commissioners (BCC) voted unanimously to adopt an ordinance updating the County’s school impact fees for residential development....more

Shumaker, Loop & Kendrick, LLP

Client Alert: What does the recent SC Court of Appeals case Jericho State Capital Corp. of Florida v. Chicago Title Insurance...

If you live in Charleston, South Carolina, for most of your life you have been hearing about the plans for I-526. A portion of “526,” as locals call it, was built in the 1990s - it linked West Ashley with North Charleston and...more

Farrell Fritz, P.C.

Flag on the Play for Illegal Procedure: Necessary Parties and the Pitfalls of Nonjoinder

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Failure to name a necessary party when challenging a land use determination may result in dismissal, and leave a challenger without further recourse. CPLR 1003 provides that the nonjoinder of a party who should be joined...more

Lowndes

Orange County Amends Code to Abate School Capacity For Certain Projects

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On September 1, 2020, the Orange County Board of County Commissioners (BCC) voted unanimously to approve an amendment to County Code to implement an abatement of school capacity enhancement review for pending residential...more

Lowndes

Seminole County Planning & Zoning Commission Tables Hearing on Mobility Fee Ordinance

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On August 5, 2020, the Seminole County Planning and Zoning Commission unanimously voted to table the public hearing on the Mobility Fee Ordinance to its next regularly-scheduled meeting. If adopted, the new mobility fee...more

Lowndes

Seminole County Considering Higher Mobility Fees Based on New Study

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Seminole County has commissioned a study to replace the county's road impact fee with a mobility fee. If adopted, the new mobility fee program would result in a substantial increase in impact fees for most developments....more

Farrell Fritz, P.C.

Court Denies Preliminary Injunction to Enjoin Shinnecock Nation’s Project along Sunrise Highway

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Last week, the New York Supreme Court, Suffolk County, denied an application for a preliminary injunction to enjoin the completion, maintenance and operation of two sixty-foot tall electronic billboard-monuments (“Project”)...more

Robinson & Cole LLP

COVID-19 Pandemic Impacts on Land Use and Zoning

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As we are all too aware, on March 10, 2020, Governor Ned Lamont issued declarations of public health and civil preparedness emergencies, proclaiming a state of emergency throughout the State of Connecticut as a result of the...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

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State and City Government – General - With limited exceptions, all Philadelphia government buildings are closed to the public, and all non-essential government operations are suspended....more

Bricker Graydon LLP

City of Columbus officials say keeping new construction and other development moving through the approval process is a top...

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The City of Columbus is open for business (remotely) to accept and review zoning, site plan, and permit applications and issue approvals. ...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

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This is a current status report on a number of key items, including several changes since our April 8, 2020, update. We will continue to update this list, which may change as new information becomes available. ...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the City of Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits,...more

Miller Starr Regalia

Fourth District Upholds CEQA Class 32 Infill Exemption For Small Residential Condo Project On Environmentally Sensitive Lands As...

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CEQA’s Class 32 categorical exemption for “infill development” applies to proposed developments within city limits on sites of five or fewer acres substantially surrounded by urban uses, where the site has no habitat value...more

Pierce Atwood LLP

City of Portland to Rewrite its Land Use Ordinances

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For the first time in over 50 years, the City of Portland is rewriting its Land Use Code, which is found in Chapter 14 of the City’s Code of Ordinances. The effort involves several substantive policy changes aimed at making...more

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