Real Estate Developer Rights When Cities Demand Too Much
How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions
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
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
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
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 Town of Brookhaven v Golemi, 2019 NY Slip Op 51477(U) [Sup Ct, Suffolk County 2019], the Town of Brookhaven (“Brookhaven”) successfully sought and obtained injunctive relief to remove a structure that violated Brookhaven’s...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
As California's housing supply and homelessness crisis continues, the State Legislature has for the past several years passed numerous pieces of housing legislation in each legislative session. This year was no exception,...more
While the Town of Halfmoon (“Town”) in Saratoga County, New York, may be far from any given reader, the issues in Micklas v. Town of Halfmoon Planning Board, 170 A.D.3d 1483 (3d Dep’t 2019), are close to the heart: whether a...more
In the recent decision of Publix Supermarkets, Inc., v. Miami-Dade County, Case No. 17-082 AP, the 11th Judicial Circuit Court in and for Miami-Dade County held: (i) the applicant successfully carried its burden in a...more
In the Matter of Strandkorb, LLC v. Zoning Board of Appeals of the Town of East Hampton, dated February 11, 2019, the Supreme Court, Suffolk County, upheld the Town of East Hampton Zoning Board of Appeals determination which...more
In Matter of HV Donuts, LLC v. Town of LaGrange Zoning Board of Appeals, the Second Department recently held that a property owner’s nonconforming use rights continue despite a temporary business interruption caused by a fuel...more
Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more
The Third District Court of Appeal rejected a CEQA challenge to a county’s general plan update, holding that a county’s California Timberland Productivity Act finding that a residence or structure is necessary for timberland...more
New York State Town Law § 277(9) authorizes a town Planning Board, to require a developer to provide a performance bond or other security covering the cost of installation of subdivision infrastructure and improvements in...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 the Matter of 278, LLC v. Zoning Board of Appeals of the Town of East Hampton et al., dated March 21, 2018, the Appellate Division, Second Department upheld East Hampton Town Zoning Board of Appeal’s (“ZBA”) decision...more
California counties in winemaking regions are increasingly using the state’s Unfair Competition Act (Business & Professions Code Section 17200 and 17500) to bring government enforcement actions against local wine industry...more
California counties are increasingly using California’s Unfair Competition Law (UCL) to bring government enforcement actions against local businesses for myriad reasons. California’s UCL is extremely broad, encompassing...more