News & Analysis as of

Due Process Construction Project

Pierce Atwood LLP

Due Process, Retroactive Laws, and Vested Rights in Development Projects

Pierce Atwood LLP on

Last week marked the close of a major legal dispute under Maine law regarding the applicability of retroactive laws to development projects already under construction. The issue in the case was one of fundamental fairness:...more

Farrell Fritz, P.C.

Fourth Department Frenzy: Reversionary Zoning, Sewer Agreements, Site Plan Review, and Constitutional Rights

Farrell Fritz, P.C. on

In Riedman Acquisitions, LLC v Town Bd. of Town of Mendon, 194 AD3d 1444, 2021 NY Slip Op 02952 [4th Dept 2021], the Appellate Division, Fourth Department, addressed several significant issues concerning land development...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

Sheppard Mullin Richter & Hampton LLP

Sustainable Communities Environmental Assessment Upheld Under CEQA

In Sacramentans for Fair Planning v. City of Sacramento (2019) ___ Cal.App. 5th ___, the Third District Court of Appeal upheld the City of Sacramento’s use of a sustainable communities environmental assessment (“SCEA”)...more

Perkins Coie

Plaintiffs Cannot Bring Inverse Condemnation Claims Before a Public Agency Makes a Final Determination on Allowable Development

Perkins Coie on

An inverse condemnation challenge to a permit denial is not ripe until the government makes a final determination regarding the scope of allowable development on a plaintiff’s property, the California Court of Appeal held in...more

Perkins Coie

CEQA Project Baseline Should Not Have Been Set Prior to Demolition of Historic Structure

Perkins Coie on

The Fourth District Court of Appeal held that the project baseline under CEQA for construction of a new home did not include demolition of a potential historic structure that had occurred before submittal of a permit...more

King & Spalding

Energy Newsletter - October 2016

King & Spalding on

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or...more

Troutman Pepper

Federal Court in North Carolina Holds That Impracticability of Arbitration Clause Which Required Decision Within 30 Days of...

Troutman Pepper on

Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Constr. Co., 2016 U.S. Dist. LEXIS 86100 (W.D. NC July 1, 2016) - Tribal Casino Gaming Enterprise (the “Casino”) contracted with joint general contractors, W.G. Yates...more

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