The Sixth District Court of Appeal held that the undefined terms “in-fill development” and “substantially surrounded by urban uses” in the CEQA exemption for in-fill development were not limited by the definitions of similar...more
On December 5, 2024, the New York City Council approved the “City of Yes for Housing Opportunity” text amendment, as modified by the City Planning Commission, following recommendations from the Zoning and Franchises...more
On December 10, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed to list the monarch butterfly (Danaus plexippus) as threatened under the federal Endangered Species Act (ESA). A proposed critical habitat designation...more
A bid to bolster eviction protections for San Francisco’s oldest neighborhood businesses won key approval last Tuesday as city leaders contemplate a sweeping rezoning plan that stands to boost building height limits along...more
A Court of Appeal held that the CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. Central for Biological Diversity v. County of San...more
For generations, people have long debated: Is a taco a sandwich? In a recent decision, a judge in Fort Wayne, Indiana weighed in and ruled that a taco is, in fact, a sandwich. While this particular case attracted attention...more
Orange County (the “County”) proposed a Temporary Suspension Ordinance (the “Ordinance”) which would defer decisions on development applications within the County’s unincorporated areas....more
In response to the direction issued on March 19, 2024, by the Board of Supervisors of Fairfax County, Virginia, the county's Department of Planning and Development recently released proposed text for a zoning ordinance...more
The data center permitting and entitlement review process might be getting more difficult in Northern Virginia. Home to nearly 300 data centers, Northern Virginia has become known as “Data Center Alley.” Scattered across...more
On March 11, 2024, it was announced that San Francisco voters approved Proposition C, amending the Business and Tax Regulations Code to waive the real property transfer tax for the first five million square feet of...more
Senate Bill (SB) 1227, introduced by Senator Scott Wiener on February 15, 2024, would help speed the recovery of downtown San Francisco by creating a new CEQA exemption for qualifying commercial, institutional, student...more
We would not blame you if you said that dealing with attorneys is not your favorite part of being a municipal official. However, in our defense, people use attorneys because they need help with complicated legal processes and...more
The United States Court of Appeals for the Eleventh Circuit recently considered a long-running religious land use dispute involving the Thai Meditation Association of Alabama (TMAA) and the city of Mobile, Alabama. The...more
Often times, property owners wish to develop their property in a manner that differs from what is allowed by their local zoning ordinance. When this happens, the property owner must seek and obtain a “variance” from their...more
Welcome to the first edition of The Leisure Law Insider, brought to you by Akerman's Chambers ranked Hospitality Sector Team! It will be released quarterly, covering the latest news and developments in leisure and hospitality...more
A roundup of news and multimedia from the Unfamiliar Terrain team: San Francisco - San Francisco Office Market Shows Signs of Life (Wall Street Journal): Sales slowly materialize as some sellers accept lower prices,...more
On Oct. 26, 2023, Arlington County released the final version of Plan Langston Boulevard (PLB) and scheduled public hearings for potential adoption in November. The final plan, which incorporates a few changes to certain land...more
In downtown San Francisco, office vacancy has skyrocketed as hybrid work has transformed the way in which employers and employees use office space. This, in turn, has decreased activity downtown, negatively impacting the...more
At the June 13, 2023 Board of Supervisors hearing, the “Commercial to Residential Adaptive Reuse and Downtown Economic Revitalization” legislation was introduced. The legislation would amend various Planning Code sections to...more
In an opinion published on May 31, 2023, MacIntosh v Clous, the Sixth Circuit Court of Appeals held that the conduct of a county commissioner who responded to a constituent’s criticisms during a virtual public meeting by...more
In response to Mayor London Breed’s recent Executive Directive, titled “Housing For All,” on May 4, 2023, the San Francisco Planning Commission voted to recommend that the Board of Supervisors approve a package of Planning...more
In Durkin v. City & County of San Francisco (2023) 90 Cal.App.5th 643, the First District Court of Appeal held that the trial court erred in granting the real party in interest’s special motion to strike under anti-SLAPP...more
A roundup of news and multimedia from the Unfamiliar Terrain team: San Francisco - Housing Wonks on a Mission to Shorten S.F.’s Permitting Process (Fixing Our City Podcast): Assemblymember Matt Haney and YIMBY...more
There has been a flurry of recent legislation to encourage the repurposing of underutilized office buildings, both on the state and local level. New legislation recently proposed in San Francisco would facilitate the...more
Attention to land use and zoning matters should be considered early in the real estate development process. Projects may require relief in the form of a master plan amendment, rezoning, special or conditional use permit,...more