News & Analysis as of

Building Permits

Legal issues for those running UK construction businesses - (Planning, Health and Safety, Regulatory, House Building and...

by Dentons on

Welcome to our round-up of legal issues relevant to UK construction businesses. The summaries below contain updates and links to recent articles from colleagues specialising in planning, health and safety, regulatory or...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

California "In Lieu" Affordable Housing Fees Withstand Constitutional Challenge - U.S. Supreme Court Denies Petition to Review...

by Holland & Knight LLP on

The U.S. Supreme Court on Oct. 30, 2017, denied a petition for certiorari filed by the developers of an 11-unit residential condominium project in the City of West Hollywood seeking to challenge the application by the City of...more

A Lesson on Good Faith and Fair Dealing in Solar Construction

Late last year, a federal trial court in New York awarded a solar development company $11.6 million in damages against Suffolk County arising out of a dispute on a multi-site carport solar construction project. The basis for...more

Hurricane Maria's Aftermath, Part II: Puerto Rico Government Provides Various Exemptions and Extensions to Multiple Upcoming...

by Littler on

In the aftermath of Hurricane Maria's catastrophic impact on Puerto Rico, in order to assist in rebuilding and recovery, Puerto Rico’s governor and several agencies have issued multiple exemptions to previously established...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

Court Upholds San Francisco's CEQA Exemption for Telegraph Hill Project

by Holland & Knight LLP on

In Protect Telegraph Hill v. City and County of San Francisco (Sept. 14, 2017 Slip Opinion A148544, unpublished), the First District Court of Appeal upheld the City of San Francisco's determination that rehabilitation of a...more

Florida Development Permits Eligible for Extension Due to Hurricane Irma

by Holland & Knight LLP on

A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Hurricane Irma. Holders of certain development orders can request at least an additional six months to...more

Cleaning Up After The Storms

Building and Development Permits - While Florida was bracing for the impact of Hurricane Irma, Governor Rick Scott issued Executive Order No. 17-235, declaring a state of emergency for all 67 of Florida’s counties. Due to...more

The Texas Tree Mitigation Fee Credit Bill is Resurrected from the Dead

by Jackson Walker on

Many developers must remove existing trees in order to build new homes or buildings. Some cities have required developers to pay fees, known as tree mitigation fees, as a condition for permitting the removal of the trees....more

Land Use Lessons from the Eye of the Hurricane

by Miles & Stockbridge P.C. on

As I write this article, powerful Hurricane Irma is bearing down on Florida, and Hurricane Jose is close behind it, farther out in the Atlantic Ocean. Hurricane Irma has already devastated parts of the Caribbean Islands, and...more

Further Opportunity to Extend Development Orders and Building Permits

by Bilzin Sumberg on

On August 4, 2017, Governor Scott extended the previously declared State of Emergency issued for the Zika Virus for the seventh time, affording holders of permits and development orders an expanded opportunity to toll the...more

Interlocutory Remand Can Be Used to Supplement Agency Findings Prior to Judgment - California Court of Appeal Upholds Trial...

by Holland & Knight LLP on

• In Highway 68 Coalition v. County of Monterey, et al., California's Sixth District Court of Appeal endorses the trial court's use of interlocutory remand as a prejudgment tool to allow a lead agency to supplement deficient...more

California Supreme Court Strengthens Development Permit Protections

by Best Best & Krieger LLP on

Municipalities will have greater protection against land-use litigation after the California Supreme Court’s unanimous ruling last month that property owners who proceed with permitted development projects will forfeit the...more

Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND

by Downey Brand LLP on

CEQA decisions usually arise in the context of a challenge to a lead agency’s approval of a project and a related CEQA document. However, in a recent decision, Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034...more

How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions

It is important for design professionals to understand and consider the impact of proposed construction upon adjacent properties and the obligations project owners have to adjacent property owners. All parties should...more

Florida Governor Extends Deadlines for Development Permits Due to Zika Virus

by Holland & Knight LLP on

An extended opportunity to obtain substantial permit and development order extensions is available as a result of Emergency Orders issued by Florida Gov. Rick Scott because of the Zika virus. To date, holders of certain...more

Florida Development Permits Eligible for Extension Due to Tropical Storm Emily

by Holland & Knight LLP on

A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Tropical Storm Emily. Holders of certain development orders can request an additional six months to...more

Property Owner to Maintain Public Beach Access Over Coastal Property - California Court of Appeal Weighs in on California Coastal...

by Best Best & Krieger LLP on

Under the California Coastal Act, a beachfront property owner must maintain public access over his property — and will be required to seek a Coastal Development Permit if he wishes to limit such public access, a California...more

7-Eleven versus the Town of Babylon: A Big Gulp of Red Tape

by Farrell Fritz, P.C. on

On July 7, 2017, Judge William G. Ford issued a decision in the case Matter of 7-Eleven, Inc. v. Town of Babylon, Supreme Court, Suffolk County, 2017 NY Slip Op 31467(U) , in which the Town was excoriated for its mishandling...more

Oportunidad adicional para extender órdenes de desarrollo y permisos de construcción

by Bilzin Sumberg on

El gobernador Scott extendió recientemente el estado de emergencia declarado en respuesta al virus del Zika, por lo que quienes cuenten con permisos u órdenes de desarrollo urbano tendrán una oportunidad aún mayor de...more

CEQA News You Can Use - Vol. 2, Issue 2

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource...more

Additional Opportunity to Extend Development Orders & Building Permits

by Bilzin Sumberg on

Governor Scott recently expanded the previously declared State of Emergency issued for the Zika Virus, allowing holders of permits and development orders an even greater opportunity to toll the period remaining to exercise...more

Building seawall erodes homeowners' rights to challenge conditions

by Thompson Coburn LLP on

The California Supreme Court recently held that you can’t have your cake and eat it, too. Two adjacent homeowners, with oceanfront properties in Encinitas, California, live on a coastal bluff that “cascades steeply down to...more

Requiring Repair, Rather than Demolition, For Church’s Violations of Municipality’s Property Maintenance Code May Impose A...

An Illinois appellate court reversed a lower court’s dismissal of RLUIPA claims asserted by the First United Methodist Church of West Dundee (the “Church”) against the Village of West Dundee, Illinois (the “Village”), finding...more

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