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
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
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
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
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
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
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
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
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
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
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