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Commercial Real Estate Zoning, Planning & Land Use

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

Restoring Lives and Revitalizing Communities: Josh Fout (Pulaski County) Brownfield Presentation

Harbor Environmental and Pulaski County jointly sponsored a November 15th seminar held in North Little Rock, Arkansas addressing a variety of Arkansas Brownfield issues. Mr. Josh Fout, who serves as Pulaski County...more

West Coast Real Estate Update - November 2017 #2

by Holland & Knight LLP on

Absence of Private Activity Bonds from House Tax Proposal Could Hurt Affordable Housing - While a lot of people are discussing the ways in which the tax proposals coming out of Congress will impact personal and corporate...more

Court May Seek Clarification From Agency Regarding Issue In Pending Litigation

by Perkins Coie on

The Sixth District Court of Appeal held that a trial court in a mandamus action had the inherent power to remand to the Board of Supervisors for clarification regarding an ambiguous general plan consistency finding. The...more

Extension of Property Tax Discount in Miami-Dade and Potentially Other Counties

by Bilzin Sumberg on

On September 4, 2017, Governor Scott issued Executive Order 17-235 in response to anticipated severe damage across Florida due to Hurricane Irma. The Executive Order granted the Florida Department of Revenue authority to...more

Podcast Episode 11 - Damaging Clauses with Professor Maureen "Molly" Brady

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 11, Professor Molly Brady from the University of Virginia joins us to discuss damaging clauses and her recent law review article. She has...more

Denver Green Roof Initiative Passed by Denver Voters

By a narrow margin, on Nov. 7, 2017, Denver voters approved a Citizen Ballot Initiative (“Initiative”) that mandates green roofs on all new buildings with over 25,000 square feet of floor area. The Initiative also requires...more

Town of Chelmsford, et al. v. Newport Materials, LLC, et al

by Goulston & Storrs PC on

In Town of Chelmsford, et al. v. Newport Materials, LLC, et al., C.A. No. 1681CV03455 (Mass. Super. Ct. Sept. 6, 2017), the Town of Chelmsford appealed a Westford Planning Board (“Board”) decision granting Newport Materials,...more

Ktunaxa Nation: The Supreme Court returns to Haida first principles in dismissal of ski hill duty-to-consult case

by Dentons on

The Supreme Court of Canada (the “Court”) has rejected Crown consultation and spiritual-rights challenges brought by the Ktunaxa Nation (the “Ktunaxa”) against a proposed ski resort in B.C.’s Jumbo Valley area following a...more

On the Surface, Everything Looks Good. But what dangers lurk below?

Routine Investigations – Whether they are a long-term tenant, buyer, developer or lender, prudent parties dealing with real estate conduct thorough due diligence of the property at issue, including obtaining a Phase I...more

Houston Astros Minute Maid Park: Home of the World Series Champions (and a Former Brownfield)

The Houston Astros have an additional distinction besides its World Series win. The Astros Minute Maid Park is on the site of a former 38-acre Brownfield....more

Podcast Episode 10 - Negotiating for Project Change and the National Environmental Policy Act

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 10, I share some thoughts around negotiating for a change in a project to benefit the utility of the remainder property. I also discuss the...more

Littoral Rights/Lakefront: Florida Appellate Court Addresses Damage Action for View Obstruction

The District Court of Appeals of Florida (“Appellate Court”) addressed in an October 20th opinion a dispute between adjacent lakefront neighbors related to construction of a dock and walkway. See HagertySmith, LLC v....more

Seattle Waterfront’s Local Improvement District: Paying Special Attention to Stay Ahead

The Seattle Waterfront Project is waiting on a “special” study from the City of Seattle as plans proceed for the waterfront’s redevelopment. As outlined in Schwabe’s first article on this topic, the City has finished a...more

Proposed Changes to HVCRE Open for Comment

by Dechert LLP on

At long last (at least for those of us who have been checking the Federal Register daily), the proposed HVADC rule has been published in the Federal Register and is open for comment...more

Changes in Real Estate legislation - 3 quarter 2017

by Dentons on

Amendments to the federal laws - Federal Law No. 135-FZ On Amendments to Certain Legislative Acts of the Russian Federation Improving the Procedure for Establishing and Using the Territory Adjacent to an Airfield and...more

The Limits Of Exclusive Use Rights In Condominium Common Areas

by Pierce Atwood LLP on

It’s not unusual for condominium documents to set aside parts of the development’s common area for the exclusive use of particular units.  This device allows the developer to offer a degree of privacy in decks,...more

Bellevue’s Downtown Livability Initiative

Nearly five years after the Bellevue City Council commenced the Downtown Livability Initiative, the Council brought the initiative full circle by unanimously adopting a substantially revised, 190-page downtown land use code....more

Osceola County Proposes Development Moratorium of Three to Six Months to Implement Changes to Land Use Standards

On Monday, October 16, 2017, the Osceola County Board of County Commissioners voted (4-1) to direct County staff to draft a moratorium ordinance that would postpone County approval of new development applications for three to...more

9th Edition Massachusetts State Building Code Approved With Concurrency Period

by Goulston & Storrs PC on

The long-awaited 9th Edition of the Massachusetts State Building Code has been approved by the Massachusetts State Board of Building Regulations and Standards and filed with the Secretary of State, to become effective on...more

Can I Park Here? Second Department Takes the Driver’s Seat in Recent Parking Cases

by Farrell Fritz, P.C. on

Last month, the Appellate Division, Second Department, issued two interesting opinions concerning parking. One involved a parking variance and the other involved a restrictive covenant....more

The Clean Growth Strategy - Government releases its strategy for a low carbon future

by Hogan Lovells on

On 12 October the Government released its latest strategy to promote “clean growth” in the UK. It sees clean growth as growing the UK’s national income, while cutting greenhouse gas emissions that contribute to climate...more

Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances...

by Snell & Wilmer on

In Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board of...more

Court Supports Expansive View of What Constitutes Religious Use

by Farrell Fritz, P.C. on

Courts have recently expanded what constitutes religious conduct. In particular, in Matter of Sullivan v. Board of Zoning Appeals of City of Albany, 144 A.D. 3d 1480 (3d Dep’t 2016), an appellate court ruled that the use of a...more

Protecting Purchasers in Commercial Property Transactions

by Snell & Wilmer on

Congratulations! Your company just bought a large commercial property to manufacture its widgets. Unfortunately, you just received a notice from the Nevada Division of Environmental Protection (NDEP) that the previous owner...more

Water Banks: Why You May Need One

Water banks are not new — they have been around a long time. Water banking is a practice used to effectively manage water supplies throughout Western states. Water banking has long been used to solve water issues ranging from...more

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