News & Analysis as of

Vested Rights Doctrine Local Ordinance

Perkins Coie

2020 Land Use and Development Case Summaries

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Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more

Perkins Coie

Development Agreement, Not Vesting Tentative Map, Governed Whether New Fees Applied to Project

Perkins Coie on

When a tract of land is governed by both a vesting tentative map and a subsequent development agreement and the terms of the two documents conflict, the development agreement controls. North Murrieta Community v. City of...more

Holland & Knight LLP

California Court Resolves Inconsistencies Between "Vested Rights" and a Development Agreement

Holland & Knight LLP on

The California Court of Appeal, Fourth Appellate District, issued a published decision (North Murrieta Community, LLC v. City of Murrieta, Case No. E072663) on June 8, 2020, that addressed how inconsistencies can arise...more

Womble Bond Dickinson

Site Plan Approval, Conditional Use Permits, and Statutory Vested Rights

Womble Bond Dickinson on

Today, we take a look at the land use case Jubilee Carolina, LLC v. Town of Carolina Beach, decided October 15, 2019. In April 2017, the Town approved a site plan and conditional use permit that provided interconnectivity...more

Jackson Walker

A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

Jackson Walker on

Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial...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

Miller Starr Regalia

Vested Rights Conferred Under Local Ordinance Trump Conditional Use Permit Requirement Later Imposed by Emergency Ordinance

Miller Starr Regalia on

On June 23, 2016, in Stewart Enterprises, Inc. v. City of Oakland, __ Cal.App.4th __ (2016) (Case No. A143417), the Court of Appeal for the First Appellate District issued an important decision dealing with whether a new...more

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