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Constitutional Challenges Urban Planning & Development State and Local Government

Whiteford

Client Alert: Updates on Developments in “Missing Middle” Housing Policies - UPDATED 4/30/25

Whiteford on

Recent legal and policy developments continue to shape the landscape for “Missing Middle” housing initiatives, impacting developers, municipalities, and communities alike. Arlington County's Expanded Housing Option (EHO)...more

Snell & Wilmer

Arizona Supreme Court to Address the Scope of Citizens’ Rights to Propose Local Ballot Measures

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In the forthcoming case of Roundtree v. City of Page,2 the Arizona Supreme Court will weigh in on a reoccurring political issue that bubbles up in cities and towns across the state: under what circumstances does a proposed...more

Verrill

Balancing Local Control and State Mandates: The Implications of the MBTA Communities Act Ruling

Verrill on

The state’s highest court has affirmed the Legislature’s power to force towns to adopt denser, transit-friendly zoning. In 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (G. L. c. 40A, § 3A)...more

Pierce Atwood LLP

Breaking: Mass. SJC rules MBTA Communities Act is constitutional but its implementing "guidelines” are invalid

Pierce Atwood LLP on

In its eagerly anticipated decision issued this morning in Attorney General v. Town of Milton, the Supreme Judicial Court (SJC) has ruled that the MBTA Communities Act (the Act), which former Governor Charlie Baker signed...more

Bilzin Sumberg

Counties Beware: Florida Supreme Court Strikes Down Charter Amendment Implementing Transportation Tax

Bilzin Sumberg on

In a case that should serve as a warning to all Florida counties, the Florida Supreme Court recently struck down a voter-approved Hillsborough County charter amendment that created a 30-year, one-percent sales tax that could...more

Carlton Fields

Hillsborough County Voters Pass Transportation Surtax – And Now It’s June…

Carlton Fields on

In November 2018, more than 57 percent of Hillsborough County voters approved the imposition of a 1 percent sales tax designed to improve the county’s transportation infrastructure and transit service. The tax, enacted...more

Bricker Graydon LLP

Citizen-initiated charter amendment results in costly penalty for city

Bricker Graydon LLP on

Citizen-initiated ballot issues are the cornerstone of our democracy, but one Ohio city found itself in an untenable position at the end of a three-year legal battle that included multiple trips to the board of elections, the...more

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