News & Analysis as of September 21, 2024

Supreme Court of the United States › Zoning Laws

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Supreme Court’s Sheetz decision casts doubt on validity of Massachusetts inclusionary zoning regulations

Pierce Atwood LLP on 6/4/2024

The U.S. Supreme Court’s recent decision in Sheetz v. County of El Dorado may have a profound impact on inclusionary zoning ordinances and bylaws in Massachusetts. I suspect few of those regulations – if challenged – will...more

Permit Conditions and Impact Fees Subject of Recent U.S. Supreme Court Decision

Holland & Knight LLP on 5/31/2024

The U.S. Supreme Court in April 2024 issued a unanimous decision in Sheetz v. County of El Dorado, California (144 S. Ct. 893), concluding that the "Takings Clause" in the Fifth Amendment of the U.S. Constitution applies to...more

Severability Saves the Sign Ordinance

Sands Anderson PC on 8/22/2023

Billboard companies have been persistent in challenging local zoning ordinances dealing with signs for many years now. In a case decided August 10, 2023, the Sixth Circuit Court of Appeals ruled in favor of Troy, Michigan, in...more

Zoning and Development Newsletter - July 2023

Sullivan & Worcester on 7/14/2023

Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Sustainable Development and Land Use Update - December 2019 #3

Allen Matkins on 12/19/2019

Focus - San Diego residential developers must build more low-income units under new law - The San Diego-Union Tribune – December 10 - San Diego will require developers of housing projects to build more low-income...more

Murr v. Wisconsin, Lot Mergers, State Legislative Intervention & A Happy Ending

Farrell Fritz, P.C. on 12/27/2017

Last week we wrote about a United States Supreme Court case Murr v. Wisconsin and its impact locally. Since that post, the Petitioner, Donna Murr contacted the author to provide us with an update to her family’s situation....more

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

Holland & Knight LLP on 6/30/2017

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

SCOTUS Announces New Multi-Factor Test to Determine the Relevant Parcel in Regulatory Takings Cases

Miller Starr Regalia on 6/30/2017

On June 23, 2017, the Supreme Court of the United States finally decided Murr v. Wisconsin, __ U.S. __ (2017) (Case No. 15-214), a case that addressed land use regulations that “merged” adjacent parcels (the first of which...more

Murr Decision Makes Takings Law Murkier

Manatt, Phelps & Phillips, LLP on 6/29/2017

Murr v. Wisconsin (June 23, 2017, Docket No. 15-214) - Why It Matters: The Supreme Court missed an opportunity to bring some clarity to the law of regulatory takings and, instead, made the law more confusing and less...more

Redefining the Denominator: Supreme Court Adopts New Test in Regulatory Taking Case

Eversheds Sutherland (US) LLP on 6/28/2017

In Murr v. Wisconsin, the US Supreme Court declined to find that a landowner's riverfront property was the subject of a regulatory taking. In a 5-3 decision, the majority adopted a new test for defining the bounds of the...more

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

Holland & Knight LLP on 6/27/2017

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

Real Property & Title Insurance Update: Week Ending June 16 & 23, 2017

Carlton Fields on 6/27/2017

Real Property Update - US Supreme Court - Regulatory Taking: owner of parcel A, that took title to adjacent parcel B after regulation restricting use of parcels had been passed, lost grandfather rights for both parcels by...more

SCOTUS Rejects Dueling Bright Line Tests to Identify Property at Issue in Regulatory Takings Cases

Clark Hill PLC on 6/26/2017

The Supreme Court of the United States applied a multi-factor test to rule that a regulation prohibiting construction on an undersized lot contiguous to a second lot under common ownership was not a taking. In the broadest...more

SCOTUS Decides Regulatory Takings Case

Robinson+Cole RLUIPA Defense on 6/23/2017

The US Supreme Court today issued its latest pronouncement on regulatory takings, Murr et. al, v. Wisconsin, et al. Justice Kennedy wrote for the Court, joined by Justices Ginsburg, Breyer, Sotomayor and Kagan. The issue was...more

Religious Institutions Update: June 2017

Holland & Knight LLP on 6/1/2017

Timely Topics - The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more

Supreme Court Takes on Housing Discrimination

Adams and Reese LLP on 8/18/2015

Court rules that actions that disproportionally affect minority groups can support lawsuits under the Fair Housing Act. The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor...more

Supreme Court Decides Two First Amendment Cases

Dorsey & Whitney LLP on 7/10/2015

Two recent Supreme Court decisions provide timely guidance on the First Amendment implications of publicly displaying the Confederate Flag or other symbols or signage related to protected beliefs. First, in Walker v. Sons of...more

RLUIPA Round Up – Independence Day Special Edition!

Robinson+Cole RLUIPA Defense on 7/3/2015

Independence Day—no better time to reflect on the numerous (enumerated and unenumerated) rights protected by our United States Constitution. Thanks to Obergefell v. Hodges, those rights are now more clearly focused. However,...more

Signs Signs, Everywhere a Sign: U.S. Supreme Court Decides Reed v. Town of Gilbert

Sands Anderson PC on 6/24/2015

The Supreme Court of the United States handed down today an important First Amendment case concerning governments’ ability to regulate commonly displayed informational signs. In Reed v. Town of Gilbert,...more

Reed v. Gilbert: Impact to municipalities across the nation

Robinson & Cole LLP on 6/23/2015

Although the case is outside the RLUIPA realm or even specific to religious-based speech, the Supreme Court’s decision last week in Reed v. Gilbert will undoubtedly impact RLUIPA Defense readers. We previously reported on the...more

Supreme Court Decides Reed v. Town of Gilbert

Faegre Drinker Biddle & Reath LLP on 6/19/2015

On June 18, 2015, the United States Supreme Court decided Reed v. Town of Gilbert, No. 13-502, holding that a municipal code subjecting signs to different regulations depending on whether the sign displayed an ideological...more

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Supreme Court of the United States › Zoning Laws

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