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Carlton Fields

Zoning Appeals: Have We Been Doing This Wrong for 30 Years?

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Since the end of 1993, Florida land use and zoning lawyers have been taught the basics: a rezoning hearing is quasi-judicial in nature and appeals of the decision go to circuit court on certiorari review. Why is this? Because...more

Perkins Coie

Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum

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The court of appeal held that a City Council resolution approving a development agreement that included policy decisions regarding development of a public park was a legislative act subject to referendum. Move Eden Housing v....more

Cozen O'Connor

Policy Alert: Bill Would Provide Legal Protection for RCOs to Sue Developers

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Last week, legislation was introduced in Philadelphia City Council that, if passed, would secure Registered Community Organizations (RCOs) legal protection from the city for their involvement in zoning matters. The bill was...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Perkins Coie

Lot Created on 1869 Map and Conveyed With Fewer Than Four Other Lots Was Lawfully Subdivided

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The First District Court of Appeal held that a single deed conveying four or fewer contiguous lots can qualify for a presumption of legality under section 66412.6(a) of the Subdivision Map Act so long as the lots are...more

DarrowEverett LLP

Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

DarrowEverett LLP on

Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more

Perkins Coie

Bond Properly Required for Challenge to Affordable Housing

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A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court’s order requiring it to post a bond. The Court of Appeal rejected plaintiff’s contentions...more

Patton Sullivan Brodehl LLP

Local Government Agencies Can Be “Alter Egos” Too

...Normally, a court will treat a business entity and its liabilities as separate and distinct from its owners. The alter ego doctrine allows the corporate veil to be pierced, and results in holding the owners liable for the...more

Perkins Coie

City of Davis Did Not Err in Finding Mixed-Use Project Consistent With General Plan

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The court of appeal held that the City’s determination that a mixed-use development project was consistent with applicable general plans policies and standards was supported by substantial evidence. Old East Davis...more

Perkins Coie

Single Home Not Subject to the Housing Accountability Act

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The court of appeal held that the Housing Accountability Act (HAA) does not apply to a one-unit single-family home project. Reznitskiy v. County of Marin, 79 Cal.App.5th 1016 (2022). ...more

Perkins Coie

Court Upholds California Law Limiting Local Governments’ Ability to Deny Housing Development Applications

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In a major recent decision, the California Court of Appeal rejected a city’s interpretation of what constitutes an “objective” standard under the Housing Accountability Act (HAA), Government Code section 65589.5, and upheld...more

Sheppard Mullin Richter & Hampton LLP

Mandate to Provide Traffic Improvements Prior to Project Approval Struck Down

In Alliance for Responsible Planning v. Taylor, the Third District Court of Appeal recently struck down a voter initiative requiring a developer to fund all cumulative traffic mitigation as a condition precedent to project...more

Downey Brand LLP

Poseidon’s Desalination Plant’s Supplemental EIR Holds Water According to the Court of Appeal

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In California Coastkeeper v. State Lands Commission, the Third District Court of Appeal upheld the State Lands Commission’s decision to prepare a supplemental environmental impact report (EIR) for a desalination plant in...more

Perkins Coie

Requirement That Proposed Development Mitigate Cumulative Traffic Impacts Violated Nollan/Dolan Standard

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An initiative measure that required new development to mitigate not only its individual traffic impacts but also cumulative impacts of other projects on traffic levels of service violated the rough-proportionality standard of...more

Perkins Coie

Agreement to Indemnify LAFCO Against Claims Arising from Annexation Decision Was Unenforceable as Lacking Consideration

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The Court of Appeal held that an agreement obligating a developer and city to indemnify LAFCO against claims arising from its annexation decision lacked consideration because the agreement simply required LAFCO to do what it...more

Holland & Knight LLP

Is It Legal to Require Indemnification on Project Application or as Condition of Approval?

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Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant...more

Shutts & Bowen LLP

Objecting to a Real Estate Project in Florida Carries a Risk of Liability

Shutts & Bowen LLP on

By refusing to hear an appeal of a decision by a Florida appellate court, the US Supreme Court effectively sided with a developer who won a multi-million judgment against someone who tried to undermine the developer’s...more

Foley Hoag LLP - Environmental Law

The 4th Circuit Stays Construction of the Mountain Valley Pipeline — A Lesson in Preventing a Fait Accompli

Earlier this week, the 4th Circuit Court of Appeals stayed construction of the Mountain Valley Pipeline. The Court did so with a two-sentence order stating that an opinion would follow. The order was issued hours after oral...more

Perkins Coie

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

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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

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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

Rosenberg Martin Greenberg LLP

My Deal Was Approved By High-Ranking Government Officials; How Can I Not Have a Binding Contract?

Parties entering into contracts with corporations, limited liability companies, and other legal entities often require proof, in the form of resolutions by the board of directors or members authorizing an identified officer...more

Womble Bond Dickinson

Supreme Court Construes Local Law to Allow “Availability” Fees to be Charged Against Developed Property and Undeveloped Property

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Infrastructure fees are a common battleground between landowners/developers and local governments. The Supreme Court decided a case this week that counts as a “win” for the local governments, reversing a Court of Appeals...more

Robinson+Cole Construction Law Zone

Caution When Approaching Artistry

A $6.75 million judgment was upheld by the United States Court of Appeals, Second Circuit, against a developer that whitewashed 45 spray-painted artworks on its site — several months before the demolition permits were issued....more

Perkins Coie

Court May Order City to Remedy Inconsistencies in its General Plan Created by Initiative

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A court could properly direct a city council to correct internal inconsistencies in its general plan resulting from adoption of an initiative. Denham, LLC v. City of Richmond, 41 Cal. App. 5th 340 (2019). The Richmond City...more

Sheppard Mullin Richter & Hampton LLP

Fall Season Results in California Coastal Commission Victories

This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

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