This morning, June 6, 2024, the Supreme Court of Virginia issued an important decision concerning the construction and modification of restrictive covenants. In Todd J. Westrick et al. v. Dorcon Group, LLC, available...more
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
NJDEP is tasked with a multitude of responsibilities including overseeing statewide environmental governance through the divisions of Water Resource Management, Air Quality Energy and Materials Sustainability, Contaminated...more
The Virginia Historic Rehabilitation Tax Credit (HRTC) program (see Virginia Code § 58.1-339.2) has played a significant role in stimulating Virginia’s economy and preserving thousands of historic properties throughout the...more
The United States Army Corps of Engineers (“Corps”) published a proposed rule in the February 9th Federal Register addressing compliance with the National Historic Preservation Act (“NHPA”). See 89 Fed. Reg. 9079. The...more
The US Army Corps of Engineers (USACE) recently issued a proposed rule (the Proposed Rule) that, if finalized, will change the regulations applicable to the agency’s compliance with the National Historic Preservation Act...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
2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more
Oatlands Historic House in Leesburg, VA was built in 1804 and is recognized as one of the finest federal-period country estate homes in the country. The home and approximately 400 surrounding acres were donated to the...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
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 refusal of M&S's plans to demolish and rebuild their flagship store on Oxford Street by the Secretary of State for Levelling Up, Housing and Communities (Michael Gove) has attracted much attention because of the wider...more
The concept of legal standing made headlines in high-profile U.S. Supreme Court cases this summer; but it is just as critical for cases in Virginia state courts. In the land use and real estate development context, the...more
Race for City Council President- Although the upcoming November City Council elections are just around the corner, experts have already changed gears and are looking ahead to the January 2024 council president race eager to...more
The phrase “make your mark on history” is a commonplace one with several meanings and connotations. It is one offered at many high school and college commencement speeches as an exhortation to graduates to have an impact...more
The Second District of the Court of Appeal on June 8 ordered publication of its May 12 opinion affirming the denial of a writ of mandate that challenged the City of Buenaventura’s removal and relocation of a statue of...more
In an opinion filed May 12, and later certified for publication on June 8, 2023, the Second District Court of Appeal (Div. 6) upheld the City of San Buenaventura’s decision to remove a bronze statue of Father Junipero Serra...more
After a three-judge panel ruled that cities do not have the authority to ban the installation of natural gas equipment in newly constructed buildings, Berkeley is now asking for a do-over. Berkeley City Attorney Farimah Faiz...more
The Sixth Appellate District, on May 10, 2023, published a decision in Preservation Action Council of San Jose v. City of San Jose (2023) __ Cal.App.5th __ upholding the City of San Jose’s certification of a final...more
In an opinion filed April 18, and belatedly ordered published on May 10, 2023, the Sixth District Court of Appeal upheld the City of San Jose’s (City) certification of a final Supplemental EIR (FSEIR) for development of three...more
The Quapaw Quarter Association (“QQA”) announced in its April 6th newsletter that Senate Bills 461 and 462 have passed both the Arkansas House of Representatives and Arkansas Senate. Both bills address the Arkansas...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
Earlier this year, the Pennsylvania Commonwealth Court concluded that historic preservation alone could serve as the basis for a property tax exemption. In other words, if an owner preserves a historic building, that...more
State House Votes to Impeach Philadelphia DA Krasner On Wednesday, the Pennsylvania State House voted 107-85 to impeach Democratic Philadelphia District Attorney Larry Krasner in an ongoing effort to remove him from office,...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry •A federal district court in New York has rejected a lawsuit filed by insureds under a title insurance policy...more