News & Analysis as of

Conditional Use Permit

Houston Harbaugh, P.C.

You Can’t Have Two Main Characters

Houston Harbaugh, P.C. on

In a June 13, 2025 decision, the Pennsylvania Commonwealth Court held that a municipality impermissibly granted conditional use approval to an oil and gas well pad and interconnect facility on tax lots that were already...more

Seyfarth Shaw LLP

Cultivator Not Entitled to Use Easement for Cannabis Purposes Absent Landowner Consent

Seyfarth Shaw LLP on

On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that...more

Downey Brand LLP

Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval

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In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had...more

Houston Harbaugh, P.C.

How Subjective Can Objective Zoning Ordinance Requirements Be?

Houston Harbaugh, P.C. on

Burdens of Proof in Special Exceptions and Conditional Uses After Cogan Properties LLC v. East Union Township Zoning Hearing Board, et al.- Shifting burdens of proof are hallmarks of special exceptions and conditional uses in...more

Miller Starr Regalia

In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map...

Miller Starr Regalia on

In a published opinion filed October 21, 2024, the Second District Court of Appeal (Div. 7) reversed a judgment entered after the trial court granted without leave a real party developer’s motion for judgment on the...more

Miller Starr Regalia

Timing Remains Everything: Sixth District Holds CEQA Notice of Determination Filed Before County’s Final Project Approval Decision...

Miller Starr Regalia on

The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County of San Benito, et al. (2024) __ Cal.App.5th __.  The...more

Allen Matkins

Evaluating Changes In Industrial Regulation: 2024 And Beyond - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

In recent years, the demand for industrial warehouse, distribution, and outdoor storage uses has surged. This robust demand, a response to the e-commerce boom and other market forces, has driven a critical need for logistics...more

Coblentz Patch Duffy & Bass

San Francisco Adopts New Land Use Controls for Fleet Charging and Parcel Delivery Service Uses

The San Francisco Board of Supervisors recently amended the Planning Code’s controls to further regulate Fleet Charging and Parcel Delivery Service uses, primarily affecting Production, Distribution, and Repair (PDR) zoning...more

DarrowEverett LLP

Betting the Farm on Solar: Leasing and Due Diligence Considerations

DarrowEverett LLP on

While imagery of the American Dream used to be picturesque farm towns, robust bounties and families gathered around the table for a meal, values have shifted, and once-robust farming communities have become forgotten lands,...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? My Dog Can’t Sleep - Issues of Construction Noise and Nuisance

Dear YouDig? I am retired and live with my wife in what I thought was a bucolic neighborhood in beautiful Ohio City, that is, until now. We heard through the grapevine that a new business was coming into our city and...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

Sullivan & Worcester on

Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Williams Mullen

[Webinar] Renewable Energy Series: Land Use & Solar Permitting Considerations - April 13th, 11:00 am - 11:30 am EST

Williams Mullen on

Since the passage of the Virginia Clean Economy Act (VCEA) in 2020, the number of solar and other energy projects has grown throughout Virginia. As a result, developers are now confronting a more challenging environment in...more

Amundsen Davis LLC

Missouri Supreme Court Expands Municipalities’ Authority to Deny Conditional Use Permits

Amundsen Davis LLC on

Municipalities adopt zoning ordinances in order to regulate the use of land within their boundaries and to provide for future growth without over-taxing their infrastructure and other resources....more

Robinson+Cole RLUIPA Defense

Madison, Wisconsin’s Denial of Athletic Field Lights Upheld Over Claims of Religious Discrimination

On December 30, 2022, a district court dismissed a Catholic high school’s RLUIPA challenge, granting summary judgment on all claims in favor of the City of Madison, Wisconsin and various other city officials (the City). As...more

Downey Brand LLP

Construction of 90-Foot-Tall Lights at Athletic Field Not Categorically Exempt as either an Existing Facility or Construction of a...

Downey Brand LLP on

In St. Ignatius Neighborhood Assn. v. City & County of San Francisco (Nov. 18, 2022, A164629) __Cal.App.5th__ [2022 Cal. App. LEXIS 992], the First District Court of Appeal held that the City & County of San Francisco (City)...more

Foley & Lardner LLP

Using Upfront IP Licensing to Reduce Future Supply Chain Disruptions

Foley & Lardner LLP on

Companies often enter into supply agreements for component parts that are covered by or produced using a supplier's intellectual property (IP) rights, but do not give enough thought to IP licensing. In the face of supply...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Community Solar Farm/Zoning: Minnesota Appellate Court Addresses Conditional Use Denial

The Court of Appeals of Minnesota (“Appellate Court”) addressed in a May 9th Opinion an appeal of a decision by the Stearns County Board of Commissioners (“Commissioners”) to deny an application for a conditional use permit...more

Farrell Fritz, P.C.

What’s So Special About Special Use Permits?

Farrell Fritz, P.C. on

The “Special Use Permit” is a zoning term and process used by a municipality to encourage, but still regulate, land use in a zoning district by making it subject to a special review and criteria detailed in the zoning...more

Mitchell, Williams, Selig, Gates & Woodyard,...

In The Zone? Defining Your Place in Real Estate

Your business thrived in spite of COVID and you need to relocate and expand your facility. So you found a suitable parcel of property on the edge of town – it's the right size and is served by all the necessary utilities... ...more

Keating Muething & Klekamp PLL

Hamilton County Zoning Litigation Demonstrates Value of Expert Testimony

A recent decision out of Hamilton County highlights the importance of experts in zoning disputes. In Kinney v. Newtown Bd of Zoning Appeals, 2021-Ohio-4217 (1st Dist.), the property owner sought planning commission approval...more

Perkins Coie

Board of Supervisors Decision on CUP Invalid for Failure to Act Within Time Limits Set by County Code

Perkins Coie on

The Second District Court of Appeal held that a Board of Supervisors decision on the appeal of a conditional use permit from the Planning Commission was untimely under the County Code and hence that the Planning Commission’s...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Conditional-Use Permit/Solar Energy Production Facility: Minnesota Appellate Court Addresses Challenge to County's Denial

The Court of Appeals of Minnesota (“Court”) addressed in a December 20th Opinion an issue arising out of a proposal to build two solar-energy production facilities (“Solar-Energy Facilities”). See In the Matter of the...more

Perkins Coie

Informal Communications Failed to Meet Requirement to “Petition” City Officials for Appeal

Perkins Coie on

A project challenger failed to exhaust administrative remedies because an email exchange and dinner meeting with city officials expressing general concerns about a recent permit approval did not satisfy the burden to...more

Allen Matkins

Court Upholds Infill Development Categorical Exemption for Gas Station in Existing Shopping Center

Allen Matkins on

In Protect Tustin Ranch v. City of Tustin, 70 Cal. App. 5th 951 (2021), the court of appeal upheld a city’s reliance on the infill development categorical exemption under CEQA for a new gas station in an existing shopping...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Photovoltaic Solar Energy System/Conditional Use Permit: Minnesota Appellate Court Addresses Challenge to Denial

The Court of Appeals of Minnesota (“Court”) in a July 12th Opinion addressed an issue arising out of the proposed construction of a photovoltaic solar energy system (“System”). See In the Matter of the Application of United...more

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