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Zoning, Planning & Land Use General Business

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

by Womble Bond Dickinson on

A partner of mine in New York used to say, “Few things can’t be undone in litigation.” I didn’t agree. A recently-decided case, following on less-recently-decided authority, from the North Carolina Court of Appeals reveals...more

Out is Now In – Understanding the Outparcel Trend and Potential Pitfalls

During the last several years, we have noticed a trend in the world of retail development. More and more “big-box” retail companies are carving out parts of their parking lots to create new outparcels. To understand the...more

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

by Perkins Coie on

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...more

Mass. Appeals Court Clarifies Requirements For Extending Common-Scheme Real Estate Restrictions Beyond 30 Years

by Pierce Atwood LLP on

In its decision in Berger v. 2 Wyndcliff, LLC, the Massachusetts Appeals Court answered an important question about extending common-scheme real estate restrictions beyond the presumptive statutory limit of 30 years. ...more

Important changes to the Model Land Lease Agreement (Ukrainian)

by Dentons on

On 22 November 2017, the Cabinet of Ministers of Ukraine approved Resolution No. 890 On Introduction of Amendments into Certain Resolutions of the Cabinet of Ministers of Ukraine (hereinafter referred to as Resolution No....more

Important changes to the Model Land Lease Agreement

by Dentons on

On 22 November 2017, the Cabinet of Ministers of Ukraine approved Resolution No. 890 On Introduction of Amendments into Certain Resolutions of the Cabinet of Ministers of Ukraine (hereinafter referred to as Resolution No....more

Failure to Exhaust Administrative Remedies Dooms Nightclub’s Challenge to City Inspectors’ Administrative Reduction of Allowable...

by Miller Starr Regalia on

The threshold procedural requirements for litigating decisions made by California municipalities are critically important, and failure to meet such requirements generally leads to harsh results. These issues were on full...more

Environmental Protection is Enshrined as Official Ideology in China Amid Major Reforms

by Latham & Watkins LLP on

President Xi announces a comprehensive, 14-point reform policy that has long-term implications for companies with business interests in China. Key Points: ..President Xi Jinping has formalized a national commitment to...more

Prompt Reporting is Key to the Upset Defense

by Williams Mullen on

Companies discharging industrial process wastewater often face challenging circumstances at their wastewater treatment facilities. Unexpected equipment malfunctions or system failures can lead to discharges that exceed...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

by Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

Construction Contracts: When Is Industry Best Practice Not Good Enough?

by Jones Day on

The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...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

Dieselgate: Bringing a Face to Scandal Impacting Volkswagen Owners

A Volkswagen manager pleaded guilty to conspiracy and violating the Clean Air Act and could get seven years in prison. A Volkswagen engineer who agreed to testify against the Volkswagen manager was sentenced to three years in...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

California’s Countdown to Legal Cannabis: Facing Regulatory and Permitting Uncertainty

by Morrison & Foerster LLP on

As of January 1, 2018, it will be legal for adults in California to buy and sell cannabis for recreational purposes. That’s the simple version. But as is true for virtually every other “legal” enterprise in the state, the...more

The Rise of Vapor Intrusion

We have all been involved in investigating and remediating sites with soil and groundwater contamination. But another form of contamination has been recently gaining attention—vapor intrusion....more

Affirming Local Control of Land Use Regulation, Court Holds That Ex Post Facto Laws do Not Apply to Ordinances Regulating...

by Miller Starr Regalia on

Although the federal Controlled Substances Act prohibits the use, possession, manufacture, and sale of marijuana for all purposes, numerous states have loosened their own marijuana laws. For example, California’s Proposition...more

Proposed Changes To The Endangered Species Act Pit Animals Against Industry

by Polsinelli on

Congressional Republicans have proposed five separate bills that, if passed, would reduce current protections for endangered and threatened species in the name of promoting business development and cost-saving. ...more

CEQA Compliance for Commercial Cannabis Business Licensing under MAUCRSA - Proposal Open to Comments

by Best Best & Krieger LLP on

The Bureau of Cannabis Control proposes to adopt a Negative Declaration related to its regulatory licensing and enforcement program for commercial cannabis distributors, retailers, testing laboratories, and microbusinesses...more

The Cure For The Last Mile? Retooling Shopping Malls as E-commerce Distribution Centers

by Goulston & Storrs PC on

In addition to gigantic warehouses that e-commerce companies are constructing away from population centers where real estate is limited or too pricey, shopping malls and former shopping mall sites are well poised to be the...more

A Legal and Commercial Checklist for Bankable Solar EPC Contracts: A Developer’s Guide

Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter...more

Superfund Reform May Be a Slow Go

As we previously reported, the current administration set out to make Superfund reform a priority. Shortly after taking over as EPA Administrator, Scott Pruitt convened a task force to provide recommendations for...more

A New “Recipe" Guide for Wineries, Breweries and Distilleries in Frederick County, Maryland

by Miles & Stockbridge P.C. on

Craft wineries, breweries and distilleries are a rapidly growing industry and agri-business in the State of Maryland and beyond. Leading the way, Frederick County, Maryland, now boasts more than 30 wineries, breweries and...more

Is Your Company Ready for the New Prop 65?

by Polsinelli on

One year from now, companies that do business in California will have to comply with new warning regulations under the state’s Safe Drinking Water and Toxic Enforcement Act (“Proposition 65”)....more

Beware: Marijuana Businesses Targeted With Product Labeling Violation Letters

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Marijuana businesses must properly label their products if they contain chemicals that can cause cancer, birth defects, or other reproductive health problems. Failure to do so will result in a civil...more

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