News & Analysis as of

Conditional Use Permit State and Local Government

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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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

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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

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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

Perkins Coie

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

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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

Bradley Arant Boult Cummings LLP

Minnesota Automatic-Approval Rule Secures CUP and Saves Solar Project

One of the challenges of renewable energy development is managing the permitting process. Understanding how to navigate state and local laws can be integral to a developer’s permitting success, especially where a community...more

Perkins Coie

Project Denial Invalidated Where Councilmember’s Actions Crossed the Line Into Advocacy Against the Project

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The Court of Appeal held that where a city councilmember’s actions evinced bias toward the project, the applicant did not receive a fair hearing and the City Council’s denial of a conditional use permit would be set aside....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...

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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

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

BCLP

Major Limitation on Scope to Vary Planning Permissions

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The recent Court of Appeal decision in Finney v Welsh Ministers [2019] (All ER (D) 51 (Nov))  provides definitive authority on the inability to use section 73 to amend the description of a development on a planning...more

Jackson Walker

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

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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

Miller Starr Regalia

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

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

Perkins Coie

Court Defers To City’s Interpretation Of The Building Code

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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

Snell & Wilmer

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

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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

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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

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