News & Analysis as of

Construction Project Conditional Use Permit

Miller Starr Regalia

In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map...

Miller Starr Regalia on

In a published opinion filed October 21, 2024, the Second District Court of Appeal (Div. 7) reversed a judgment entered after the trial court granted without leave a real party developer’s motion for judgment on the...more

Farrell Fritz, P.C.

What’s So Special About Special Use Permits?

Farrell Fritz, P.C. on

The “Special Use Permit” is a zoning term and process used by a municipality to encourage, but still regulate, land use in a zoning district by making it subject to a special review and criteria detailed in the zoning...more

Farrell Fritz, P.C.

Second Department Affirms Denial of Religious Organization’s Application for Conditional Use Permit

Farrell Fritz, P.C. on

In Matter of Sid Jacobson Jewish Community Ctr., Inc. v. Zoning Bd. of Appeals of the Inc. Vil. of Brookville, the Second Department reviewed a local zoning board’s denial of an applicant’s request to expand and improve the...more

Miller Starr Regalia

Completion of Development Project Rendered Opponent’s Challenge to County’s Issuance of a Building Permit Moot

Miller Starr Regalia on

The Third District Court of Appeal published an important new case on September 16, 2020—Parkford Owners for a Better Community v. County of Placer, __ Cal.App.5th __ (2020) (Case No. C087824)—holding that a project...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Array/Local Government: Federal Court Addresses Alleged Rights Violation Due to Construction

The United States District Court of Oregon (“Court”) addressed in an April 14th Opinion an action alleging violation of rights stemming from construction of a solar energy array. See Kristine Yates v. U.S. Envtl. Prot....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

BCLP

Major Limitation on Scope to Vary Planning Permissions

BCLP on

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

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

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

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

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

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