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
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
Introduction - On March 29, 2024, the First District Court of Appeal issued its partially published opinion in the case of Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46....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
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
On January 19, 2023, Representative Kevin Honan filed new legislation entitled “An Act to Safeguard Municipal Permitting” targeted at addressing special permit protections and timelines for previously approved projects. This...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
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
The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process, including the issuance of zoning and building permits, regulation of construction work, and zoning...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
In Matter of Sid Jacobson Jewish Community Ctr., Inc. v. Zoning Bd. of Appeals of the Inc. Vil. of Brookville, the Second Department reviewed a local zoning board’s denial of an applicant’s request to expand and improve the...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
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
Today, the District of Columbia announced that DCRA will close all of its in-person permit, license and other centers until at least April 27, 2020. Permits remain available online, and DCRA is offering “video consultations”...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
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
Residents of the Village of East Williston have prevailed (for now) over the East Williston Union Free School District’s plan to install a six-foot tall perimeter fence at the North Side School in the Village of East...more
The Real Estate Law (Reinforcement of Condominiums against Earthquakes) 5768-2008 (the “Reinforcement Law”) provides that in order to perform a TAMA 38 plan on a building under the “demolish and build” track, a majority of...more
A recent Second Department decision applying the doctrine of laches highlights the importance of taking prompt action against a property owner who may be acting in violation of a zoning or building code....more
The Massachusetts Appeals Court’s recent decision in McIntyre v. Zoning Board of Appeals of Braintree demonstrates the importance of subject matter jurisdiction in the context of administrative proceedings. ...more
The Breakers Motel has been a fixture in Montauk since the 1950’s. Situate at 769 Old Montauk Highway, Montauk New York, the motel has 26 units, a pool and restaurant and is located across the street from the ocean....more
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