News & Analysis as of

Conditional Use Permit Local Ordinance

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

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

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

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

Miller Starr Regalia

Rough Justice: 4-1 Supermajority Vote of City Council Not Enough to Grant Appeal of Planning Commission’s Denial of Conditional...

Miller Starr Regalia on

It is usually easy to understand when a local legislative body approves a given motion. Indeed, a simply majority vote is all that is required for a motion to pass in most communities. ...more

Womble Bond Dickinson

Site Plan Approval, Conditional Use Permits, and Statutory Vested Rights

Womble Bond Dickinson on

Today, we take a look at the land use case Jubilee Carolina, LLC v. Town of Carolina Beach, decided October 15, 2019. In April 2017, the Town approved a site plan and conditional use permit that provided interconnectivity...more

Farella Braun + Martel LLP

Newly Adopted California Housing Laws – Assembly Bill 1485 Streamlining the Permit Process for Housing Developments

On January 1, 2020, several housing-related bills recently signed into law by the Governor take effect. We will explain the upcoming changes in housing law through a series of updates. Our first update provided information...more

Perkins Coie

Award of Attorney’s Fees Warranted Where Plaintiff Lost on Most Claims But Achieved Primary Litigation Objective

Perkins Coie on

A plaintiff challenging a city council’s interpretation of a local ballot measure was entitled to recover costs and attorney fees when successful on only one cause of action because the primary relief sought was granted....more

Jackson Walker

Texas Legislative Update: New Laws Impacting Real Estate Developers and Builders

Jackson Walker on

More than 10,000 bills were filed during the 86th Texas legislative session. Some of the bills that were filed and ultimately signed into law specifically impact the real estate and construction industries. Below is a...more

Perkins Coie

Court of Appeal Holds CEQA Review Is Not Required for Project That Is Only Subject to Design Review

Perkins Coie on

The court of appeal held that the City of St. Helena did not violate CEQA by approving a demolition permit and design review for a multi-family residential project without preparing an environmental impact report. McCorkle...more

Downey Brand LLP

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

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

Miller Starr Regalia

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

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

Snell & Wilmer

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

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

Ruder Ware

New Legislation Limits Government Zoning Regulations

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

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

Miller Starr Regalia

Vested Rights Conferred Under Local Ordinance Trump Conditional Use Permit Requirement Later Imposed by Emergency Ordinance

Miller Starr Regalia on

On June 23, 2016, in Stewart Enterprises, Inc. v. City of Oakland, __ Cal.App.4th __ (2016) (Case No. A143417), the Court of Appeal for the First Appellate District issued an important decision dealing with whether a new...more

Sheppard Mullin Richter & Hampton LLP

New LA Ordinances “Clean Up, Green Up” Industry in Residential “Toxic Hotspot” Neighborhoods

On June 4, 2016, two new Los Angeles ordinances will go into effect under the Clean Up, Green Up (CUGU) initiative. The initiative aims to improve air quality and residential quality of life in areas with high concentrations...more

Alston & Bird

Land Use Matters: Alston & Bird LLP, November 2015

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City of Los Angeles - City Council - PLUM Approves Clean Up Green Up Ordinance - On November 24, 2015, the Planning and Land Use Management Committee (PLUM) considered the draft Clean Up Green Up (CUGU)...more

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