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Zoning, Planning & Land Use Civil Procedure

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

Clean Sweep for City of San Diego in Challenge to Approval of Private School

by Downey Brand LLP on

On December 20, 2017, the Fourth District Court of Appeal delivered a solid win for the City of San Diego in a multi-faceted challenge to its approval of a private school pursuant to a Mitigated Negative Declaration (“MND”)....more

A New Maryland Ruling on Development Rights and Responsibility Agreements- Score Another Round for the Developer

by Miles & Stockbridge P.C. on

The Maryland Court of Appeals recently heard and decided a case involving Development Rights and Responsibility Agreements. In my first blog post on this topic, “Development Rights and Responsibility Agreements: The Give and...more

California Court Holds Insured’s Activities Not an Occurrence

In its recent decision in Henstooth Ranch LLC v. Burlington Ins. Co., 2018 U.S. Dist. LEXIS 1176 (N.D. Cal. Jan. 3, 2018), the United States District Court for the Northern District of California had occasion to consider...more

The Past Year In CEQA Case Law: A Quick Look Back at 2017

by Miller Starr Regalia on

As we move into a brand new year of tracking CEQA developments, it seems like an appropriate time to survey and briefly recap some of the many significant published case law developments that occurred over the past...more

CEQA Year In Review 2017

by Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the...more

Prisoner’s “My-iBible” RLUIPA Claim Thrown Out as Moot

What do a prisoner in administrative segregation, an MP3 player, an audio version of the Bible, and earbud headphones have to do with defending local governments in RLUIPA claims? Read on....more

Migratory Bird Treaty Act and the Sword of Damocles

by Holland & Knight LLP on

• A U.S. Department of the Interior (DOI) legal memo has found that the Migratory Bird Treaty Act (MBTA) applies only to purposeful "take" and does not apply to otherwise lawful activities. • The memo specifically...more

Ninth Circuit Partially Reverses Agencies’ Sea Turtle and Migratory Bird Conclusions Related to Swordfish Fishery Expansion

by Nossaman LLP on

On December 27, 2017, the U.S. Court of Appeals for the Ninth Circuit partially reversed and remanded a decision by the United States District Court for the District of Hawaii, delaying if not derailing an expansion in...more

Voter-Approved Initiative To Limit Large Developments And Chain Stores Exceeded Initiative Power

by Perkins Coie on

In a case that illustrates the limits of use of voter-approved initiatives to limit development, the court of appeal invalidated an initiative passed by voters in the City of Malibu that sought to limit large developments and...more

“Urban Decay” Not Reasonably Foreseeable Consequence Of Relocating Courts From Historic Downtown Courthouse

by Perkins Coie on

Citing the likelihood of repurposing Placerville’s historic downtown courthouse and evidence nearby businesses were not dependent on it, the First District Court of Appeal held that “urban decay” was not a reasonably...more

Categorical Exemptions For Telegraph Hill Residential Project Upheld

by Perkins Coie on

In Protect Telegraph Hill v. City and County of San Francisco (2017) 16 Cal.App.5th 261, the First District Court of Appeal rejected a series of CEQA challenges to San Francisco’s approval of a conditional use permit for the...more

SEQRA Remains a Hot Topic for the NY Court of Appeals in Friends of P.S.163 v Jewish Home Lifecare and New York State Dept of...

by Farrell Fritz, P.C. on

On December 12, 2017, the New York State Court of Appeals issued a joint decision on the appeal of two Article 78 proceedings challenging the same proposed development....more

New California Coastal Laws for 2018 - Development, Accommodations, Sea Rise and Public Access

by Best Best & Krieger LLP on

For California coastal issues, 2017 was a busy year, both in the courts and the state Legislature. Three significant court decisions were handed down...more

Court May Order Partial Decertification And Leave Approvals In Place After Finding EIR Legally Inadequate

by Perkins Coie on

In Center for Biological Diversity et al. v. California Department of Fish and Wildlife, 17 Cal. App.5th 1245 (2017) the court of appeal held a court order that requires partial decertification of an Environmental Impact...more

SCOTUS Will Not Hear FL Eminent Domain Case

by Fox Rothschild LLP on

The U.S. Supreme Court denied a petition to hear a developer’s case against the Florida Department of Environmental Protection over a permit denial for a beachfront parcel. The case relates to a DEP denial of a final permit...more

(Plaintiffs Claiming) Trespass Beware

by Liskow & Lewis on

In Chauvin v. Shell Oil Company, the Louisiana Fifth Circuit Court of Appeal affirmed the judgment of the trial court granting summary judgment to defendants on Plaintiffs’ trespass action. In doing so, the Fifth Circuit made...more

Murr v. Wisconsin, Lot Mergers, State Legislative Intervention & A Happy Ending

by Farrell Fritz, P.C. on

Last week we wrote about a United States Supreme Court case Murr v. Wisconsin and its impact locally. Since that post, the Petitioner, Donna Murr contacted the author to provide us with an update to her family’s situation....more

To Protect Wildlife, or Religious Freedom?

That was the question before the Deschutes County Board of Commissioners earlier this month. The conflict arose as a result of John and Stephanie Shepherd’s continued attempts to host weddings on their property in...more

Court Rejects Claim That Clinic Protests Might Cause Significant Environmental Impacts

by Perkins Coie on

A court of appeal has ruled that opponents of a new Planned Parenthood clinic did not establish a fair argument that anti-clinic protests might cause significant environmental effects. Therefore, the City of South San...more

Petitioner’s Failure To Comply With Discovery Regarding Its Standing To Sue Results In Dismissal Of CEQA Case

by Perkins Coie on

A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to sue. Creed-21 v. City of...more

Utah Supreme Court Clarifies Administrative Agencies’ Fact Finding Duty and the Standard of Review for Administrative Appeals

by Snell & Wilmer on

In McElhaney v. City of Moab, 2017 UT 65, —- P.3d —-, the Utah Supreme Court held that an adjudicative land use decision, and likely all administrative decisions subject to substantial evidence review on appeal, must include...more

Het Vlaams Onteigeningsdecreet - Klaar voor de start?

by DLA Piper on

Bij de zesde staatshervorming werden de gewesten in ons land bevoegd voor het onteigeningsrecht. Het Vlaams Parlement maakte van deze bevoegdheid gebruik en keurde op 15 februari 2017 het nieuwe Onteigeningsdecreet goed. De...more

The Flemish Expropriation Decree: Ready for take-off?

by DLA Piper on

Since the sixth state reform, the regions have been entrusted with expropriation law in our country. Flemish Parliament used this power to adopt the new Expropriation Decree on 15 February 2017. The proposed entry into force...more

Forest Service Properly Analyzed Potential Impacts Of Forest Restoration Project On Pine Marten And Fisher Populations

by Perkins Coie on

The 9th Circuit Court of Appeals held that the U.S. Forest Service could validly rely on proxy approaches in determining whether a forest restoration project would adversely impact pine marten and fisher populations in the...more

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

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