News & Analysis as of

Public Parks

Cozen O'Connor

New York Note: Secretary of State, City of Yes, Play Fair for Parks

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Governor Hochul has nominated Walter Mosley to serve as New York’s Secretary of State. The previous secretary of state, Robert Rodriguez, has taken another statewide role as the head of the Dormitory Authority of New York....more

Downey Brand LLP

City of Livermore Must Process a Referendum Challenging an Affordable Housing Development Project

Downey Brand LLP on

In Move Eden Housing v. City of Livermore (2024) 100 Cal.App.5th 263, the First District Court of Appeal overturned the trial court and held that the City of Livermore (City) City Clerk was required to process a referendum...more

Perkins Coie

Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum

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The court of appeal held that a City Council resolution approving a development agreement that included policy decisions regarding development of a public park was a legislative act subject to referendum. Move Eden Housing v....more

Burns & Levinson LLP

Environmental Justice Put to the Test at Boston’s Franklin Park

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Last week, an interesting lawsuit was filed in Boston with a distinctly and perhaps ironic environmental justice flavor. A non-profit, the Emerald Necklace Conservancy, along with fifteen Boston residents, brought suit to...more

Cozen O'Connor

Broad Street Brief: WFP Takeover; Tangled Titles; FDR Park Programs in Jeopardy

Cozen O'Connor on

Candidates from Philadelphia’s progressive Working Families Party (WFP) are officially seeking to oust Republicans from office in the upcoming November election. WFP City Council candidate Nicolas O’Rourke is working to...more

Bricker Graydon LLP

When the Rubber Doesn’t Meet the Road: Ohio Supreme Court Sends Eminent Domain Dispute over Park Bike Path Back to Trial Court

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The construction of a bike path ran into a bump in the road when the Mill Creek Metropolitan Park District (Park District) attempted to take land through eminent domain. The Park District is a public entity that is attempting...more

Hogan Lovells

UK Supreme Court warns developers: ignore public parks at your peril

Hogan Lovells on

In their recent Judgment in R (on the application of Day) v Shropshire, the UK Supreme Court decided that public rights over local authority land – which was later discovered to be a public park - survived a sale to a...more

Cozen O'Connor

Broad Street Brief: Community Meeting Around FDR Park Renovations Draws Protesters; Continued Life Sciences

Cozen O'Connor on

2023 Mayoral Race Update: Gym Wins Another Big Endorsement; Campaign Issues Continue to Be Drawn Into Focus- A coalition of local organizations under the umbrella of Philadelphia’s progressive Working Families Party...more

Bricker Graydon LLP

ARPA final rule - The "B-sides collection": Parks and recreation facility improvements

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Continuing our series of articles reviewing the lesser publicized aspects of the American Rescue Plan Act guidance (hence, the “B-sides” moniker), here we address the U.S. Treasury’s issued guidance as it relates to spending...more

Rodemer Kane Attorneys at Law

Drug-Free Zones In Colorado - How Do They Work?

While marijuana is both medically and recreationally legal in Colorado, there are still areas in the state that are considered to be no drug zones. Marijuana isn’t the only drug in Colorado, however, and drug crimes extend to...more

Mintz

America's oldest park is about to receive some much needed TLC in a win for Environmental Justice

Mintz on

The Boston Globe is reporting this morning on exciting plans to improve the Boston Common, America's first public park. The Common and its neighbor, the Public Garden, are on the top of any list of the most special public...more

Roetzel & Andress

Court Rejects Use of Eminent Domain for Recreational Trail

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There has been a major development in the ongoing legal fight over the ability of the Mill Creek Metropolitan Park District in Mahoning County to condemn private property for its bikeway project. ...more

Bricker Graydon LLP

ODOD releases rules and program guidelines for Brownfield Remediation Program and Building Demolition and Site Revitalization...

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The Ohio Department of Development (ODOD) released rules and associated program guideline documents (Brownfield Remediation and Building Demolition and Site Revitalization) to govern the disbursement of $500 million in total...more

Perkins Coie

Fifth Appellate District Agrees that Special Taxes Enacted by Initiative Do Not Require Two-Thirds Supermajority Vote.

Perkins Coie on

Another court of appeal has held that local special taxes adopted by a citizen-sponsored initiative do not require two-thirds voter approval. City of Fresno v. Fresno Building Healthy Communities, No. F080264. (5th Dist.,...more

Foley Hoag LLP - Environmental Law

Miami Beach Plans an Underwater Park — I Say, Just Wait a Few Years

According to ClimateWire (subscription required), Miami Beach is planning an underwater park just off the coast. Not that I would ever be snarky, but given how often parts of Miami Beach are now under water during high tides,...more

Allen Matkins

Sustainable Development and Land Use Update - November 2020

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California voters reject measure to expand rent control - Bullet SFGate – November 4 - Voters on Tuesday soundly rejected a ballot measure that would have let California cities expand rent control in a state where...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 Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Holland & Knight LLP

Cars, Flowers, Toys, Books, Clothes and Sporting Goods: Los Angeles Opens Up Some Businesses

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Effective May 8, 2020, the City and County of Los Angeles announced that specific retail businesses are permitted to open for online or phone orders, with curbside pickup only, including florists, toy stores, music stores,...more

Bricker Graydon LLP

Ohio returns to funding spec-based commercial & industrial development

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In 2020, Ohio’s development officials are again awarding grants to fund commercial and industrial development projects that don’t have known end users. JobsOhio is now in the midst of launching a $50 million per year grant...more

Perkins Coie

Park and Recreation Fees Violated Mitigation Fee Act

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The court of appeal held that the City of Alameda’s development fee for parks and recreation was invalid and unenforceable because there was no reasonable relationship between the fee charged and the burden from new...more

Perkins Coie

Court Upholds Class 1 Exemption for Improvements to Amusement Park in City of San Diego

Perkins Coie on

The court of appeal found that an amended and restated lease requiring upgrades and improvements to an existing amusement park was exempt from the requirements of CEQA under the Class 1 exemption. San Diegans for Open...more

Farrell Fritz, P.C.

NYSDEC Proposes Revisions to the SEQR Handbook to Conform with Recent Amendments to the SEQR Regulations

Farrell Fritz, P.C. on

The New York State Department of Environmental Conservation (NYSDEC) is proposing significant revisions to its State Environmental Quality Review Act (SEQR) Handbook to conform with recently-adopted amendments to the SEQR...more

Best Best & Krieger LLP

Uniform Application of Parcel Tax Does Not Require Uniform Effect on Taxpayers - California Appellate Court Upholds Los Angeles...

A special parcel tax is still “applied uniformly to all taxpayers” even though it may affect individual taxpayers differently, a California appellate court recently held....more

Lowndes

Developers, Get Your Permits Before July 2019 To Beat New Impact Fees in Osceola County

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Osceola County is considering a significant increase in park impact fees for residential development. The new park impact fees will impact all residential development in the County as well as development within municipalities...more

Downey Brand LLP

Fourth District Upholds Use of Existing Facilities Exemption for San Diego Amusement Park Lease, Finding no Causal Connection...

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San Diegans for Open Government v. City of San Diego – filed Dec. 27, 2018, publication ordered Jan. 15, 2019, Fourth District, Div. One - The Fourth District Court of Appeal affirmed a trial court judgment upholding use...more

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