News & Analysis as of

Reversal Conditional Use Permit

Perkins Coie

Project Denial Invalidated Where Councilmember’s Actions Crossed the Line Into Advocacy Against the Project

Perkins Coie on

The Court of Appeal held that where a city councilmember’s actions evinced bias toward the project, the applicant did not receive a fair hearing and the City Council’s denial of a conditional use permit would be set aside....more

Perkins Coie

Award of Attorney’s Fees Warranted Where Plaintiff Lost on Most Claims But Achieved Primary Litigation Objective

Perkins Coie on

A plaintiff challenging a city council’s interpretation of a local ballot measure was entitled to recover costs and attorney fees when successful on only one cause of action because the primary relief sought was granted....more

Farella Braun + Martel LLP

Damages for Permit Revocation Constitute Covered “Loss of Use”

Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy System/Stray Voltage: Minnesota Appellate Court Addresses County Denial of Conditional-Use Permit

The Court of Appeals of Minnesota (“Court”) addressed in a March 25th opinion the denial of a Conditional-Use Permit (“CUP”) to construct and operate a one-megawatt solar energy system (“Solar Garden”). See In re An order...more

Patton Sullivan Brodehl LLP

Loss of Use can be “Property Damage” under Insurance Policies

General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not...more

Robinson+Cole RLUIPA Defense

7th Circuit Rules Church’s RLUIPA Claims Against Markham, Illinois Ripe for Review

The Seventh Circuit recently reversed a district court’s decision finding a church’s RLUIPA claims were unripe and moot because it was granted parking variances and a conditional use permit after the church brought suit. ...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

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