News & Analysis as of

Conditional Use Permit

Patton Sullivan Brodehl LLP

Loss of Use can be “Property Damage” under Insurance Policies

by Patton Sullivan Brodehl LLP on

General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not...more

Downey Brand LLP

Court of Appeal Finds No Discretionary Action in St. Helena Multi-family Dwelling Development

by Downey Brand LLP on

On December 18, 2018, the First Appellate District, in McCorkle v. St. Helena (A153238), affirmed the trial court’s denial of a Petition for Writ of Mandate challenging the City of St. Helena’s approval of a multi-dwelling...more

Robinson+Cole RLUIPA Defense

7th Circuit Rules Church’s RLUIPA Claims Against Markham, Illinois Ripe for Review

by Robinson+Cole RLUIPA Defense on

The Seventh Circuit recently reversed a district court’s decision finding a church’s RLUIPA claims were unripe and moot because it was granted parking variances and a conditional use permit after the church brought suit. ...more

Miller Starr Regalia

Delineating CEQA’s Scope: First District Holds CEQA Does Not Apply To Ministerial Approval Of Multifamily Housing Project Allowed...

by Miller Starr Regalia on

In an opinion filed December 18, 2018, and later ordered published on January 10, 2019, the First District Court of Appeal affirmed a judgment denying appellant citizen groups’ writ petition challenging the City of St....more

Carlton Fields

When A Nightclub Is Forced to Say Goodnight: California Appellate Court Applies Broad Reading of “Loss of Use” Provision

by Carlton Fields on

The frustration property owners must feel when the actions of another cause them to no longer be able to use their property as originally intended is certainly palpable, but when the property is not damaged and still can be...more

Womble Bond Dickinson

Findings of Fact In a Quasi-Judicial Land Use Proceeding, Question Mark (?)

by Womble Bond Dickinson on

An interesting “development” – so to speak – took place recently as to a quasi-judicial board’s obligations with regard to special and conditional use permits.  The case is PHG Asheville, LLC v. City of Asheville, No....more

Fox Rothschild LLP

A New Must-Read Case On Quasi-Judicial Proceedings

by Fox Rothschild LLP on

Last week the N.C. Court of Appeals published yet another opinion (PHG v. City of Asheville) that (1) further defines the template for deciding quasi-judicial zoning applications and (2) curtails the all-too-frequent...more

Haight Brown & Bonesteel LLP

Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use

by Haight Brown & Bonesteel LLP on

In Thee Sombrero, Inc. v. Scottsdale Ins. Co. (No. E067505, filed 10/25/18), a California appeals court held that a property owner’s loss of the ability to use his property as a nightclub, based on revocation of a city’s...more

Perkins Coie

Negative Declaration Survives Challenge Based on Non-Expert Opinion About Noise Impacts

by Perkins Coie on

Claims of significant noise impact unsupported by expert opinion, fact, or reasonable inference did not provide grounds for challenging a negative declaration, the court of appeal held in Jensen v. City of Santa Rosa, 23 Cal....more

Robinson+Cole RLUIPA Defense

Sixth Circuit Creates New RLUIPA Equal Terms Test Based On “Legitimate Zoning Criteria”

by Robinson+Cole RLUIPA Defense on

Earlier this week, the U.S. Court of Appeals for the Sixth Circuit issued a decision in Tree of Life Christian Schools v. City of Upper Arlington concerning a religious school’s RLUIPA equal terms challenge. ...more

Perkins Coie

Applicant Challenging Denial of Use Permit Must Prove It Is Legally Entitled to Permit

by Perkins Coie on

In an unsurprising decision, the Second District Court of Appeal upheld Ventura County’s decision to a deny a use permit that would allow tigers to be kept on property located within a half-mile of a residential area. Hauser...more

Robinson+Cole RLUIPA Defense

Christian School’s Claims Dismissed as Unripe Under Midrash Sephardi

by Robinson+Cole RLUIPA Defense on

A district court in the Southern District of Florida has dismissed as unripe claims brought by Centro de Ensenanza Palabra de Fe, Inc. (“Centro”), a tax-exempt religious organization that operates a daycare center and...more

Thompson Coburn LLP

Lions and tigers and bears, oh my!

by Thompson Coburn LLP on

In a landmark (not really) decision, the California Court of Appeal held that Ventura County, California was within its rights to refuse to grant a Conditional Use Permit (CUP) to a resident who sought to keep tigers on her...more

Robinson+Cole RLUIPA Defense

Church’s RLUIPA Claims Unripe And Moot, Says Federal Court

by Robinson+Cole RLUIPA Defense on

A federal district court in Illinois has dismissed religious discrimination and related claims alleged by the Church of Our Lord & Savior Jesus Christ (“Church”) against the City of Markham, Illinois (“City”), in connection...more

Miller Starr Regalia

Court Rejects Challenge to Ventura County’s Denial of Conditional Use Permit

by Miller Starr Regalia on

The law is replete with references to famous passages from literature and poetry, perhaps to follow Mark Twain’s pithy observation that “plain clarity is better than ornate obscurity.” ...more

Robinson+Cole RLUIPA Defense

County of Ventura, California’s Permitting Scheme Stricken as Prior Restraint on Free Speech

by Robinson+Cole RLUIPA Defense on

The United States Court of Appeals for the Ninth Circuit has ruled that Ventura County, California’s conditional use permit (CUP) scheme for “temporary outdoor” events is an unconstitutional prior restraint on free speech. ...more

Perkins Coie

Court Defers To City’s Interpretation Of The Building Code

by Perkins Coie on

A city’s interpretation of the building code is entitled to significant deference in light of the city’s expertise regarding land-use determinations. Harrington v. City of Davis, 16 Cal. App. 5th 420 (2017)....more

Perkins Coie

Categorical Exemptions For Telegraph Hill Residential Project Upheld

by Perkins Coie on

In Protect Telegraph Hill v. City and County of San Francisco (2017) 16 Cal.App.5th 261, the First District Court of Appeal rejected a series of CEQA challenges to San Francisco’s approval of a conditional use permit for the...more

Miller Starr Regalia

Ninth Circuit: Ventura County Outdoor Wedding Regulations Violate First Amendment

by Miller Starr Regalia on

On December 7, 2017, a three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that the County of Ventura’s land use regulations, which require a conditional use permit for “temporary outdoor” events,...more

Perkins Coie

Court Rejects Claim That Clinic Protests Might Cause Significant Environmental Impacts

by Perkins Coie on

A court of appeal has ruled that opponents of a new Planned Parenthood clinic did not establish a fair argument that anti-clinic protests might cause significant environmental effects. Therefore, the City of South San...more

Snell & Wilmer

Is the Issuance of a City Use Permit Referable? Not When It Is an Administrative Act

by Snell & Wilmer on

Arizona’s Constitution gives electors in cities, towns, and counties the ability to refer legislation that was enacted by their local elected officials to the ballot for popular vote. Ariz. Const. art. IV, Pt. 1 § 1(8). But...more

Snell & Wilmer

Utah Supreme Court Clarifies Administrative Agencies’ Fact Finding Duty and the Standard of Review for Administrative Appeals

by Snell & Wilmer on

In McElhaney v. City of Moab, 2017 UT 65, —- P.3d —-, the Utah Supreme Court held that an adjudicative land use decision, and likely all administrative decisions subject to substantial evidence review on appeal, must include...more

Ruder Ware

New Legislation Limits Government Zoning Regulations

by Ruder Ware on

New legislation has been signed by Governor Walker that limits the ability of local governments to control certain zoning regulations and requires greater flexibility in the approval of conditional use permits. Under 2017...more

Fox Rothschild LLP

No Shortcuts At Special Exception And Conditional Use Hearings

by Fox Rothschild LLP on

Many times, at hearings to obtain either special exceptions or conditional use approvals, applicants, for one reason or another, are under the impression that they simply have to call one or two witnesses to confirm, in a...more

Holland & Knight LLP

California Court of Appeal Rejects CEQA Challenge to Proposed Planned Parenthood Clinic

by Holland & Knight LLP on

• In Respect Life South San Francisco v. City of South San Francisco, California's First District Court of Appeal rejected petitioners' arguments that protests to a Planned Parenthood Clinic would cause significant...more

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