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Subdivision

Hinckley Allen

The Impact of Rhode Island’s New Land Use Laws on Property Owners

Hinckley Allen on

During the 2023 legislative session, the Rhode Island legislature enacted a package of sweeping changes to Rhode Island’s zoning and land use laws. The goal: streamline housing development permitting in Rhode Island,...more

McNees Wallace & Nurick LLC

Ways to Encourage Controlled and Collaborative Development: Streamline the Process for Zoning, Subdivision, and Land Development...

We would not blame you if you said that dealing with attorneys is not your favorite part of being a municipal official. However, in our defense, people use attorneys because they need help with complicated legal processes and...more

Lerch, Early & Brewer

Navigating the Zoning Process in Montgomery County, Maryland with a Land Use Attorney

Lerch, Early & Brewer on

Montgomery County land developers face a myriad of challenges that can make or break their projects. From intricate zoning laws to community opposition, the road to successful development is replete with obstacles....more

Bricker Graydon LLP

Key Changes to Ohio Construction Law for Certain Public Entities Beginning October 3, 2023

Bricker Graydon LLP on

Effective October 3, 2023, the threshold amount for rejecting bids when they exceed the original construction estimate will increase for certain Ohio public entities. Previously, Ohio Revised Code (ORC)153.12 specified that...more

Winstead PC

2023 Texas Legislative Update: Issues Affecting Real Estate Entitlement and Development

Winstead PC on

House Bill 14 (by Harris (R), House District 8, Palestine, Anderson County, Texas) - Effective September 1, 2023 - THIRD-PARTY REVIEW OF PLATS, PLANS, PERMITS AND INSPECTIONS - HB 14 adds a new Chapter 247 to the...more

Perkins Coie

Lot Created on 1869 Map and Conveyed With Fewer Than Four Other Lots Was Lawfully Subdivided

Perkins Coie on

The First District Court of Appeal held that a single deed conveying four or fewer contiguous lots can qualify for a presumption of legality under section 66412.6(a) of the Subdivision Map Act so long as the lots are...more

Partridge Snow & Hahn LLP

New RI Legislation to Significantly Change Land Use Law and Development Process

The Rhode Island General Assembly recently passed a series of bills through both houses which were transmitted to the Governor for signature on June 19, 2023, commonly known as House Speaker Joseph Shekarchi’s housing...more

Farrell Fritz, P.C.

“Grandfathering” By Issuance of Building Permits

Farrell Fritz, P.C. on

Last month, in Cuffaro v Zoning Board of Appeals of the Village of Bellport (Index # 620453/2021), the Suffolk Supreme Court reinforced the existing and binding case law that a municipality’s issuance of a building permit to...more

Perkins Coie

CEQA Challenges to EIR’s Biological and Emergency Evacuation Analyses Rejected

Perkins Coie on

Introduction: Defining Interprofessional Consultation In a January 5, 2023, letter to state health officials, the Centers for Medicare & Medicaid Services (“CMS”) clarified a Medicaid and Children’s Health Insurance Program...more

Husch Blackwell LLP

Association Can Adopt Architectural Guidelines

Husch Blackwell LLP on

The Association was established in 1925 to manage land owned by a local Elks Club. In 1929 the Association began selling individual lots within the subdivision. Since then, the subdivision consisted of both individual lots...more

Miller Starr Regalia

“This Woeful Record”: First District Affirms Judgment Rejecting CEQA Challenges To Marin County’s Approval of 43-Home Mountaintop...

Miller Starr Regalia on

On May 12, 2022, the First District Court of Appeal filed a 108-page published opinion affirming a judgment denying a CEQA writ petition that challenged Marin County’s approval of a 43-lot single-family residential...more

Farrell Fritz, P.C.

How Small is Too Small of a Lot? Limits on Area Variances for Subdivisions

Farrell Fritz, P.C. on

When requesting deviation from setback minimums or minimum lot size requirements, a developer must request an area variance. Even if the lots are zoned residential and the developer only wants to build a single-family...more

Lowndes

Local Regulations and the Subdivision of Property

Lowndes on

Land in Florida continues to be rapidly developed due to the economic growth still taking place in the state. The housing market currently remains strong, and new residential developments (both apartments and single-family...more

Sheppard Mullin Richter & Hampton LLP

Petitioners Failed to Show Subdivision Consistent With a Specific Plan EIR Was Outside the Scope of a Statutory Exemption

In Citizens’ Committee to Complete the Refuge et al. v. City of Newark et al., the First District Court of Appeal (Div. 4) found the California Environmental Quality Act did not require subsequent or supplemental...more

Perkins Coie

No Further Environmental Review Needed for Subdivision That Was Consistent with Approved Specific Plan

Perkins Coie on

The Court of Appeal found that a development project that was consistent with a previously approved specific plan was not required to prepare a new EIR because no changes significantly increased impacts on endangered species....more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - March 2022, Volume I, Issue XII

Goulston & Storrs PC on

CASES OF NOTE - SIMILAR PROJECTS, DIFFERENT DECISIONS - Brossi, et al. v. Town of Grafton Planning Board, et al., No. 19 MISC 000551 (MDV), 2021 WL 5833935 (Mass. Land Ct. Dec. 9, 2021) - The Massachusetts Land...more

Farrell Fritz, P.C.

No Standing to Protect the Pine Barrens

Farrell Fritz, P.C. on

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

Weintraub Tobin

New California Laws Affecting Real Estate in 2022

Weintraub Tobin on

To kick off our 2022 newsletter season (and hopefully in better fashion than the Sacramento Kings), we thought it would be helpful to summarize a few of California’s noteworthy new-for-2022 laws....more

Bricker Graydon LLP

Important Ohio Supreme Court decision clarifies proper method to value “big box stores”

Bricker Graydon LLP on

The Ohio Supreme Court issued an important decision today clarifying the proper method under Ohio law to value big box stores - in this case, a Lowe’s store. The Ohio Supreme Court rejected the property owner’s argument...more

Kaufman & Canoles

Title Insurance Client Alert – Strict Construction of Instruments of Conveyance for Easements, Wavell v. Lengel

Kaufman & Canoles on

Strict Construction of Instruments of Conveyance for Easements, Wavell v. Lengel, 2021 Va. Cir. LEXIS 158, Case No. CL20000484-00 (Amherst Co. Cir. Ct. July 12, 2021) - Strict construction of canons of legal...more

Farrell Fritz, P.C.

Right-Of-Way Width – Not Set In Stone

Farrell Fritz, P.C. on

Determining the width of a right-of-way may be more difficult than you think, even when the dimensions are specifically defined.  New York courts take the approach that elevates the right of passage over full use an easement...more

Farrell Fritz, P.C.

Nearly-Century Old Restrictive Covenant Prevents Homeowner From Erecting Fence Along Property Line

Farrell Fritz, P.C. on

In Dodge v. Baker, Plaintiff and Defendants are neighboring property owners of two parcels of land located in the Village of Sodus (the “Village”), in Wayne County, New York (the “Parcels”). Each parcel was created as the...more

Miller Starr Regalia

Landowner’s Efforts to Void and Redraw Subdivision Map Fails Under Laches Doctrine

Miller Starr Regalia on

The often invoked but rarely successful laches doctrine is an equitable defense when a party unreasonably delays enforcing a right and when granting the relief sought would prejudice the adverse party.  A petition for...more

Downey Brand LLP

In Martis Camp Ruling, Subsequent Review Under CEQA Hinges on the Right EIR

Downey Brand LLP on

In an opinion published on August 17, 2020, the Third Appellate District in Martis Camp Community Association v. County of Placer ruled that Placer County had violated CEQA by adopting an addendum to support abandonment of a...more

Miller Starr Regalia

Hitting A CEQA Snag: Third District Affirms Rejection of Statutory Road Abandonment And Brown Act Challenges And Inverse...

Miller Starr Regalia on

In a published opinion filed on August 17, 2020, the Third District Court of Appeal mostly affirmed the trial court’s judgment upholding Placer County’s partial abandonment of public easement rights in an emergency...more

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