News & Analysis as of

Land Use Restrictions

OTA & Travel Distribution Update - Nov. 3rd, 2017

by Garvey Schubert Barer on

Our weekly OTA & Travel Distribution Update for the week ending, Friday, November 3, is below. The week’s update features a variety of stories, including a potentially landmark purchase by Airbnb....more

Appellate Term Reverses Village Of Port Jefferson Illegal Rental Permit Convictiions

by Farrell Fritz, P.C. on

Week to week we blog about recent developments in the land use arena, which typically arise in the civil context. This week, we thought a recent “criminal” case decided by the Supreme Court, Appellate Term, Second...more

Federal Oversight of Zoning within the Fire Island National Seashore

by Farrell Fritz, P.C. on

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about...more

Bellevue’s Downtown Livability Initiative

Nearly five years after the Bellevue City Council commenced the Downtown Livability Initiative, the Council brought the initiative full circle by unanimously adopting a substantially revised, 190-page downtown land use code....more

Osceola County Proposes Development Moratorium of Three to Six Months to Implement Changes to Land Use Standards

On Monday, October 16, 2017, the Osceola County Board of County Commissioners voted (4-1) to direct County staff to draft a moratorium ordinance that would postpone County approval of new development applications for three to...more

Town vs. Gown - How Land Use and Environmental Laws Mediate Disputes Between Universities, Colleges and Communities

by Best Best & Krieger LLP on

There are more than 150 four-year colleges and universities currently operating in the State of California. From the University of California’s nine campuses, to the California State University’s 23 campuses, and the more...more

Local Drone Law Struck Down by Federal Preemption

by Holland & Knight LLP on

On Sept. 21, a federal court for the first time struck down local ordinance attempting to regulate the operation of unmanned aircraft systems (UAS or drones) within its jurisdiction. The United States District Court for the...more

[Event] Nossaman's 2017 California Coastal Law Conference - October 10th, La Jolla, CA

by Nossaman LLP on

Nossaman LLP invites you to join us for the 3rd Coastal Law Conference at The Lodge at Torrey Pines in San Diego. This in-depth seminar will feature officials from the California Coastal Commission and State Lands Commission,...more

Richmond’s Master Plan Update: A Rare Opportunity for the Real Estate Development Industry

by Williams Mullen on

On July 18, 2017, the City of Richmond formally initiated an update to the City-wide Master Plan, which it named “Richmond 300: A Guide for Growth”. Intended as a roadmap for the City’s development over the next 25 years, the...more

Sage-Grouse: Short Flight for Pending 10 Million-Acre Withdrawal from General Mining Law?

by Stoel Rives LLP on

Secretary of the Interior Zinke has directed that the Bureau of Land Management immediately begin implementing the recommendations in his Sage-Grouse Review Team’s report, which was was released today, concerning the 2015...more

Food & Beverage Litigation Update | August 2017

Sen. Charles Schumer (D-N.Y.) has sent a letter to Scott Gottlieb, commissioner of the U.S. Food and Drug Administration (FDA), calling for an investigation into the use of phthalates in food and fast-food packaging. Citing a...more

CT General Assembly Override Changes Affordable Housing Land Use Appeals Procedure

by Murtha Cullina on

During a veto session on Monday, July 24th, the Connecticut General Assembly overrode Governor Malloy's veto of H.B. 6880 (Public Act No. 17-170). The result is several changes to the Affordable Housing Land Use Appeals...more

Are You Sure You Want to Challenge That Permit Condition?

Barbara Lynch et al. v. California Coastal Commission, Case No. S221980 - The California Supreme Court has drawn a deeper line in the sand by (a) refusing to expand the Mitigation Fee Act to cover “land use restrictions”...more

Referendum Rescinding Zoning That Resolved General Plan Inconsistency Upheld

City of Morgan Hill v. Shannon Bushey (6th Dist., No. H043426, May 30, 2017) - Why it matters: In California, zoning must be consistent with the general plan. When a general plan amendment creates an inconsistency with the...more

Tenant Has Standing to Challenge Definition of Family Set Forth in Village Code

by Farrell Fritz, P.C. on

On June 28, 2017, the Appellate Division, Second Department, held that a tenant has standing to challenge the definition of “Family” as set forth in the Freeport Village Code....more

A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

by Jackson Walker on

Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial...more

NVM-koopovereenkomst in een nieuw jasje (Dutch)

by Dentons on

From 1 May 2017, the NVM will use a new model purchase agreement. The new NVM purchase agreement contains a number of changes to the NVM purchase agreement from 2014. For a detailed explanation of the changes, the article of...more

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

by Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

Check Your Local Zoning and Land-Use Ordinances

by Garvey Schubert Barer on

The Washington State Liquor and Cannabis Board (“WSLCB”) recently issued a declaratory order (Order No. 01-2017) finding that the WSLCB is not required to determine that an applicant for a marijuana license is in compliance...more

What Tools Do Cities Need to Regulate Short-term Rentals?

by Best Best & Krieger LLP on

Beach to ski town and every city in between, it’s easier than ever to book vacation rentals. Today, travelers and homeowners are directly connected through the home-sharing websites Airbnb, VRBO, HomeAway, FlipKey, and...more

Accessory Uses and Their Pitfalls

by PretiFlaherty on

Municipalities put a lot of thought into comprehensive plans and zoning ordinances to make sure that no uses are allowed which will cause negative impacts on a given neighborhood. However, we often see ordinances that...more

Beware The Restrictive Covenant

by Farrell Fritz, P.C. on

Also known as negative easements, restrictive covenants can wreak havoc on the ability to develop property. Recently, in our real estate practice at Farrell Fritz, we have seen two alarming examples....more

Implications of declaration of boundaries of Konebada Petroleum Park - The Minister for Lands and Physical Planning has recently...

by Dentons on

The Minister for Lands and Physical Planning has recently declared a significant portion of land (including sea areas) on the Western side of Port Moresby to be the Konebada Petroleum Park (KP Park) under section 3(4) of the...more

Border Wall Battles - Can you fight the government’s efforts to take land for the border wall, and how much compensation can you...

Landowners along the border of the United States and Mexico may soon face fast-tracked efforts by the federal government to condemn easements and, in many cases, substantial portions of their land outright through eminent...more

California Appellate Court Upholds Negative Declaration for County "Up-Zoning" Ordinance - Aptos Council v. County of Santa Cruz...

by Holland & Knight LLP on

Aptos Council v. County of Santa Cruz ruling also clarifies CEQA "Piecemeal" Doctrine - The Sixth District Court of Appeal's recent decision in Aptos Council v. County of Santa Cruz provides useful California...more

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