Religious Use Law in South Florida
Real Estate Developer Rights When Cities Demand Too Much
[WEBINAR] Planning in the Coastal Zone
Governor Tim Walz recently signed the Minnesota Energy Infrastructure Permitting Act and amendments to the certificate of need requirements (Permitting Act). The Permitting Act includes significant reforms to streamline...more
On July 20, 2023, the Ohio Power Siting Board (Board or OPSB) issued its determination on a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The Order...more
The U.S. Supreme Court in April 2024 issued a unanimous decision in Sheetz v. County of El Dorado, California (144 S. Ct. 893), concluding that the "Takings Clause" in the Fifth Amendment of the U.S. Constitution applies to...more
In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...more
In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings...more
The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more
On April 12, 2024, the United States Supreme Court decided Sheetz v. El Dorado County, No. 22-1074, holding that the Takings Clause “does not distinguish between legislative and administrative permit conditions,” but instead...more
Welcome to the Third Issue of Sullivan’s Zoning and Development Newsletter- This newsletter is a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide...more
The Supreme Court of the United States has agreed to hear Sheetz v. County of El Dorado, California, a case that concerns whether land use permit conditions in the form of monetary exactions created by legislation are...more
Summary - The Supreme Court of the United States announced that it will hear a Takings Clause case under the Fifth Amendment that will clarify whether permit exaction fees authorized by legislation are exempt from the...more
In Sheetz v. County of El Dorado, California, when George Sheetz sought a building permit to construct a single-family residence, the County of El Dorado agreed to issue the permit with one important condition: he had to pay...more
In a decision partially published on November 30, 2022, Save Lafayette v. City of Lafayette, the First Appellate District Court of Appeal upheld the City of Lafayette’s approval of the Terraces of Lafayette (the “Project”), a...more
The introduction of a new ‘broad’ use class aimed at revitalising town centres was announced by Robert Jenrick MP in early July 2020 and follows a 2018/2019 consultation on measures to support high streets. This week the...more
On June 24, 2020, the California Office of Planning and Research (OPR) issued updated General Plan Guidelines for use by cities and counties in developing land use planning documents. The Guidelines are intended to implement...more
On March 9, 2020, Governor DeSantis issued statewide Executive Emergency Order EO 20-52 for COVID-19 that expired on May 8, 2020. On May 8, the Governor issued a renewal and ratification of EO-52 in EO 114 that will expire on...more
The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the City of Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits,...more
Land use & zoning attorneys, Stanley B. Price and Anthony De Yurre, discuss what real estate developer's rights are when the government demands too much, and where the line should be drawn according to both statute and case...more
Ahead of the January 1, 2020 effective date for several housing-related bills recently signed into law by the Governor, we will explain upcoming changes in housing law through a series of updates. Our first update provided...more
Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more
What are Accessory Structures? Real estate can have “accessories” too. A homeowner may construct a gazebo or storage shed to “accessorize” their home. Owners of an apartment complex might construct carports or a swimming...more
In Lynch v. California Coastal Comm'n, __ Cal.5th __, No. S221980, 2017 WL 2871762, 2017 Cal. LEXIS 5054 (Cal. July 6, 2017), the Supreme Court of California held that the owners of bluff-top residences along the California...more
Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more
On Tuesday, the Maine Supreme Judicial Court (SJC) issued a decision addressing when someone can appeal to court a local board decision that is related to another local board decision, and concluded that the appeal can be...more
At the end of June, Governor Raimondo signed into law legislation that suspends the running and expiration of all development permits until June 30, 2016. This suspension further expands a permit toll that has been in place,...more
In October 2014, the Pennsylvania legislature passed and the governor signed Act 162 of 2014, which amended the Clean Streams Law. Effective December 21, 2014, developers proposing an earth-disturbance activity near special...more