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Perkins Coie

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

Perkins Coie on

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

Cozen O'Connor on

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

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

Allen Matkins

Sustainable Development and Land Use Update - June 2022 #2

Allen Matkins on

Senator Wiener revives plan for by-right affordable housing on certain sites owned by religious institutions or private non-profit higher educational institutions CBS Bay Area – June 10 Last week, State Senator Scott Wiener...more

Allen Matkins

Sustainable Development and Land Use Update - June 2022

Allen Matkins on

Warehouse “buffer bill” advances in California legislature Bullet The Real Deal – June 2 A bill that proposes a 1,000-foot buffer zone between large warehouse developments and residential areas has advanced through one...more

Allen Matkins

Sustainable Development and Land Use Update - May 2022 #4

Allen Matkins on

Settlement could bring thousands of new housing units to North San Jose after decade-long pause Bullet The Mercury News – May 20 For nearly a decade, San Jose had been paralyzed from building any new housing in a prime area...more

Allen Matkins

Sustainable Development and Land Use Update - April 2022 #4

Allen Matkins on

California realtor-affiliated group sues six cities for failing to adopt new housing plans - Los Angeles Daily News – April 20 - A nonprofit group affiliated with the California Association of Realtors sued six cities in Los...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

Ballard Spahr LLP

DC Seeks to Expand Condo Warranty Liability

Ballard Spahr LLP on

The DC City Council has proposed two bills intended to make it easier for condominium associations and unit owners to pursue warranty claims against developers and obtain release of warranty funds....more

Perkins Coie

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

Perkins Coie on

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

Conn Kavanaugh

Cannabis Foes Lose in Land Court on Traditional Zoning Argument

Conn Kavanaugh on

A Land Court ruling late last week chipped away at the several arguments raised by local opponents to a large proposed grow operation in Charlton, Massachusetts. See Valley Green Grow, Inc. v. Charlton, 2019 WL 1087930 (Land...more

Perkins Coie

City’s Bifurcated Procedure For Appealing Approval of Entitlements Separately From CEQA Determinations Upheld

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The Fourth District Court of Appeal upheld a mitigated negative declaration where the project opponent correctly appealed the approval of entitlements but failed to properly appeal the CEQA determination under the City of San...more

Downey Brand LLP

Clean Sweep for City of San Diego in Challenge to Approval of Private School

Downey Brand LLP on

On December 20, 2017, the Fourth District Court of Appeal delivered a solid win for the City of San Diego in a multi-faceted challenge to its approval of a private school pursuant to a Mitigated Negative Declaration (“MND”)....more

Schwabe, Williamson & Wyatt PC

Portland Comprehensive Plan Effective Date Likely Delayed to May 2018

The effective date of the new Portland Comprehensive Plan and Zoning Code has been delayed to at least May 24, 2018. These two related planning projects, begun a number of years ago, were subject to review and approval by the...more

Tonkon Torp LLP

Portland's Neighborhood Associations Going Strong After 40 Years

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Portland's neighborhood associations have generated news lately, from Montavilla's resolution resisting the City's efforts to clear homeless camps, to controversy over whether transient persons can vote in Overlook's...more

Downey Brand LLP

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

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

Tucker Arensberg, P.C.

City of Pittsburgh adopts Riverfront IPOD

Tucker Arensberg, P.C. on

On June 6, 2016, City of Pittsburgh Mayor William Peduto signed legislation enacted by City Council amending the City of Pittsburgh Zoning Code by establishing a Riverfront Interim Planning Overlay District (“IPOD”). The...more

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