Real Estate Developer Rights When Cities Demand Too Much
How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions
Last week, in an important decision for land-use and development lawyers, the Massachusetts Appeals Court ruled in Palmer Renewable Energy, LLC v. Zoning Bd. of Appeals of Springfield that permit extensions granted by the...more
The New York City Department of Housing Preservation and Development (HPD) released the City's new Universal Affordability Preference (UAP) Application. The program requirements and process for the new UAP program are very...more
In part two of the Housing New Laws series, Best Best & Krieger LLP (BBK) attorneys provide key analyses of new housing legislation in 2025 addressing governing urban lot splits and two unit projects, accessory dwelling units...more
Following the announcement of a loosening of the rules on developing in the Green Belt, the UK Government published on 27 February guidance on the meaning of "Grey Belt" land and how this should be applied in...more
Following the devastating fires in Los Angeles and Ventura Counties, California Governor Gavin Newsom issued Executive Order N-4-25 to expedite recovery and rebuilding efforts. Released on January 12, 2025, the Order suspends...more
In an effort to streamline development approvals, the City of Miami has introduced a new Administrative Site Plan Review (ASPR) procedure to address projects that meet zoning requirements without requiring special permits....more
On October 25, 2024, Arlington County Court was filled to capacity as Judge Schell delivered his final judgment in the case of Marcia Nordgren v. Arlington County Board. This ruling provided much-needed clarity following the...more
Welcome to the Third Issue of Sullivan’s Zoning and Development Newsletter- This newsletter is a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide...more
A court rejected a developer’s attempt to take advantage of provisions in the Housing Accountability Act that prohibit a City from requiring a rezoning when zoning is inconsistent with the General Plan. It upheld Los...more
In response to Mayor London Breed’s recent Executive Directive, titled “Housing For All,” on May 4, 2023, the San Francisco Planning Commission voted to recommend that the Board of Supervisors approve a package of Planning...more
As DC continues to explore ways to incentivize office-to-residential conversions and revitalize downtown, the Zoning Commission recently dismissed a pending text amendment that would have removed the exemption for...more
La Sección Primera del Consejo de Estado de Colombia, expidió el pasado 14 de julio de 2022 una sentencia, con ponencia del Consejero Hernando Sánchez Sánchez (la Sentencia), por medio de la cual se hacen importantes...more
YIMBY et al. v. City of Los Angeles et al. concerned a proposed 67-unit housing development in the Woodland Hills area of the San Fernando Valley. While the City of Los Angeles's (the City) general plan designated this area...more
All entitlements in Virginia's Fairfax County (Fairfax or the county) are evaluated for their conformance with the county's Comprehensive Plan (Comprehensive Plan). As required by state law, the Comprehensive Plan is a...more
CASES OF NOTE - FINALIZE BUILDING PLANS EARLY ON TO AVOID DELAYS - St. Paul's Foundation v. Ives, 29F.4th 32, 33 (1st Cir. 2022) - A recent decision out of the First Circuit Court of Appeals emphasizes the...more
On Sept. 9, 2021, the New York State Court of Appeals denied a motion for leave to appeal an Appellate Division ruling that had upheld approval by the Department of Buildings (DOB) and the Board of Standards and Appeals (BSA)...more
On May 3, 2021, the City Planning Commission referred out for public review a zoning text amendment that would require a special permit for the creation or material enlargement of transient hotels (Zoning Use Group 5) and...more
The Commonwealth of Massachusetts has adopted material changes to state zoning laws designed to encourage housing development, and in some cases mixed-use development that includes housing. This Holland & Knight alert...more
In Matter of Bernstein v Putnam Val. Zoning Bd. of Appeals, property owners sought to construct a hot tub on their residential property, located in a protected area known as a wetland buffer. The Wetlands Inspector for the...more
On January 14, 2021, Governor Charlie Baker signed into law An Act Enabling Partnerships for Growth (the “Act”). The Act is a comprehensive economic relief and stimulus bill that will affect a multitude of industries across...more
The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more
In a striking blow, stripping a city of a judgment of nearly $1 million, the Massachusetts Appeals Court recently reversed a superior court summary judgment awarding fines to the City of Haverhill for a developer’s violations...more
In response to Hurricane Dorian, Governor Ron DeSantis has issued Executive Order No. 19-190 (reaffirming and amending Executive Order No. 19-189) declaring a state of emergency for all 67 counties in the state of Florida....more
Land use & zoning attorneys, Stanley B. Price and Anthony De Yurre, discuss what real estate developer's rights are when the government demands too much, and where the line should be drawn according to both statute and case...more
In Akeson v Inc. Vil. of Asharoken, 2019 NY Slip Op 32756(U), Index No. 57/2018 (Sup Ct, Suffolk County 2019), the Supreme Court dismissed a petition challenging the Incorporated Village of Asharoken’s (“Asharoken”) decisions...more