On May 16, Missouri passed HB 2062 modifying the state’s existing Historic Tax Credit (HTC) program. The bill alters the program in several significant ways. The program will now feature a year-round application cycle,...more
Fullerton leaders have reached a settlement with the state over the city’s housing element. When looking at how much housing is needed in the state to meet the growing population, Fullerton’s Regional Housing Needs Allocation...more
City of Los Angeles - The Processes and Procedures Ordinance Becomes Operative January 22, 2024 - The city council adopted the Processes and Procedures Ordinance amending the Los Angeles Municipal Code (LAMC) to...more
The Levelling-up and Regeneration Act 2023 was given Royal Assent on 26 October 2023. It introduces some wide-ranging reforms to the planning system which we summarise in this Insight. However, most of the changes will not...more
In an opinion filed September 13, and modified and certified for publication on October 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed the trial court’s judgment denying a CEQA writ petition challenging the...more
In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in three partially consolidated CEQA actions...more
Real estate developers have long had ample reasons to take on projects involving historic buildings, courtesy of Section 47 of the Internal Revenue Code of 1986. As amended, Section 47 (the “Code”) provides for a...more
The Court of Appeal upheld the City’s determination that compensatory mitigation for the loss of a historic building in the form of funding of other historic preservation was not feasible because there were no other buildings...more
El texto definitivo aprobado en segundo debate en sesión plenaria del Senado del Proyecto de Ley No. 338/2023 (Cámara) y 274/2023 (Senado) por el cual se expide el Plan Nacional de Desarrollo (PND) 2022-2026 "Colombia...more
There are seventy historic districts in Washington, D.C., with local neighborhoods accounting for more than thirty of these designated areas. In addition to working to preserve some of Washington’s oldest and most historic...more
As part of its efforts to implement changes outlined in the 2021 Comprehensive Plan Update, the District of Columbia Office of Planning (OP) has undertaken multiple initiatives. These are at various stages in the planning...more
Ohio’s General Assembly recently voted to temporarily double its Ohio Historic Preservation Tax Credit (OHPTC) award cap and increase, then reduce Ohio’s Opportunity Zone (OZ) Tax Credit cap. For state fiscal years 2023 and...more
The recent Government announcement to review how heritage planning applications are considered and defended has cast a shadow of uncertainty over the heritage planning regime. In this blog we summarise the main principles of...more
The California Court of Appeal issued a unanimous decision that will have lasting, positive implications for developers utilizing SB 35. SB 35 (Cal. Gov't Code Sec. 65913.4) requires cities and counties to quickly and...more
An ongoing study of Reston, Virginia, could lead to the establishment of additional historic designations at the federal, state and county levels across the community. A survey commissioned through a Virginia Department of...more
The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more
In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more
In Schmidt v. City of Buffalo Planning Bd., 174 A.D.3d 1413 (4th Dept., July 31, 2019), the petitioner, Terrence Robinson, filed suit to prevent the demolition of an architecturally significant apartment complex, claiming...more
A recent Supreme Court decision, In the Matter of Preserve Our Brooklyn Neighborhoods v. City of New York, demonstrates the difficulty a litigant faces when challenging a zoning determination on constitutional grounds. ...more
From a legal perspective, renovating a historic building is not for the faint of heart. In addition to obtaining the building permits and inspections required for any construction project, renovation of a historic building...more
The 2019 Colorado General Assembly has only been in session for a few weeks, but bills are already pending or in the works that may affect real property and development. Here, we discuss a few of the most impactful. For more...more
CEQA Case Report: Understanding the Judicial Landscape for Development - In an opinion published on August 9, 2018, Protect Niles v. City of Fremont, Case No. A151645, the First Appellate District of the California Court...more
In Matter of Save America’s Clocks, Inc. v. City of New York, the majority of a divided 3-2 Appellate Division, First Department, panel attempted to clarify the authority of the New York City Landmarks Preservation Commission...more
Texas insurers may now be able to buy premium tax credits at a discount. In 2013, the 83rd Legislature established the Texas Historic Preservation Tax Credit Program, which allowed for companies engaged in restoration of...more
Citing the likelihood of repurposing Placerville’s historic downtown courthouse and evidence nearby businesses were not dependent on it, the First District Court of Appeal held that “urban decay” was not a reasonably...more