As Holland & Knight has previously reported, California courts have consistently enforced state housing laws that preempt land use and planning decisions by local governments. (See previous Holland & Knight alerts, "Court of...more
6/22/2021
/ Ballot Measures ,
Constitutional Amendment ,
General Plan ,
Housing Developers ,
Housing Market ,
Land Use Restrictions ,
Local Ordinance ,
Moratorium ,
Preemption ,
Proposed Legislation ,
Referendums ,
State and Local Government ,
State Constitutions ,
Urban Planning & Development ,
Zoning Laws
• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more
9/10/2018
/ Appeals ,
Ballots ,
CA Supreme Court ,
CEQA ,
Development Agreements ,
General Plan ,
Local Ordinance ,
Municipalities ,
Preemption ,
Property Owners ,
Referendums ,
Remand ,
Reversal ,
State and Local Government ,
Vacated ,
Zoning Laws
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
6/30/2017
/ City Planning Departments ,
Common Ownership ,
Fifth Amendment ,
Just Compensation ,
Land Developers ,
Land Parcels ,
Murr v Wisconsin ,
Private Property ,
Property Owners ,
Reasonable Expectations Test ,
Regulatory Takings ,
SCOTUS ,
State and Local Government ,
Takings Clause ,
Zoning Laws