News & Analysis as of

Land Use Restrictions

Womble Bond Dickinson

What Can the Local Government Do About This Land Use Ordinance Violation?

by Womble Bond Dickinson on

We spend a lot of time in this space talking about land use ordinances. But what about the tools deployed in the event of a violation of those ordinances? State law provides that municipal and county governments may avail of...more

Sands Anderson PC

Time for Localities to Enter the Era of Airbnb

by Sands Anderson PC on

It is a new world in local government land use… following the recent state legislation allowing registries to be established, localities are wise to adopt regulations on Airbnb and VRBO and similar short stay uses....more

Harris Beach PLLC

Federal Aviation Administration Announces that Municipalities May Not Regulate Airspace — Even for Drones

by Harris Beach PLLC on

The Federal Aviation Administration (FAA) recently issued a press release clarifying the abilities of municipalities to regulate drone operations in the navigable airspace. State and local governments "are not permitted to...more

Ward and Smith, P.A.

Pre-Closing Due Diligence with Commercial Real Estate Helps Avoid Post-Closing Remorse

by Ward and Smith, P.A. on

Your business has taken off, and you've been searching for that perfect 7,500 square foot building on an acre of land close to town, with parking and a view, and you've finally found it. Mission accomplished, right? Not...more

Mitchell, Williams, Selig, Gates & Woodyard,...

False Claims Act/Reverse-False-Claim: Federal Appellate Court Reviews Challenge to Conservancy District's Oil and Gas Leases

The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) addressed in a June 26th opinion a False Claims Act (“FCA”) challenge by two individuals to oil and gas leases entered into by the Muskingum Watershed...more

Farrell Fritz, P.C.

How Not To Fix A Failure To Refer A Land Use Matter To The Planning Commission

by Farrell Fritz, P.C. on

General Municipal Law §239-m requires that before taking action on a land use application, a municipal agency like a Zoning Board of Appeals or Planning Board must refer the application to a county or regional planning...more

Bilzin Sumberg

Golf Course Redevelopment: What You Need to Know

by Bilzin Sumberg on

As buildable land becomes increasingly scarce, many single-family developers are looking at current and former golf courses as prime sites for redevelopment. What makes golf courses so appealing in this regard? Originally...more

Pierce Atwood LLP

Troubleshooters And Why Words Matter: Appeals Court Overturns Board’s Interpretation Of Zoning Bylaw

by Pierce Atwood LLP on

As municipalities assert more control over development, zoning bylaws become more complex. And as mechanics, programmers, and lawyers all know, when there are many parts, there are many more opportunities for things to go...more

Field Law

Location, Location, Location: Cannabis Retailers and the Layers of Regulation Impacting Sale

by Field Law on

You're about to see some new businesses opening up around town: cannabis retail businesses. The Province is expected to issue approximately 250 cannabis retail licenses to businesses in anticipation of the upcoming...more

Ward and Smith, P.A.

Real Property: More Than Meets the Eye

by Ward and Smith, P.A. on

Each parcel of real property is a unique asset. It is typically well understood that location is paramount, and that size, elevation, and other physical characteristics are other important factors. Nonetheless, there are...more

Farrell Fritz, P.C.

An Update on Sand Mining in the Hamptons: NYS DEC Procedurally Halts the DEC Processing of Sandland’s Mining Permit

by Farrell Fritz, P.C. on

In April of 2016 we published the blog entitled “Mining in the Hamptons: Appellate Division Affirms Town of Southampton Zoning Board of Appeals Limitations on Pre-existing Nonconforming Uses Associated with Hamptons Mining...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wildlife Habitat Programs: Jodi Reynolds-Coffelt (Waste Management of Arkansas, Inc.) Arkansas Environmental Federation Regulation...

Ms. Jodi Reynolds-Coffelt undertook a presentation at the Arkansas Environmental Federation Regulated Waste Seminar titled: Wildlife Habitat Programs – It’s Easier Than You Think (“Presentation”) ...more

Akin Gump Strauss Hauer & Feld LLP

American Indian Law and Policy: 10 Things You Need to Know - April 2018

When Congress returned after the December break, it needed to reach a spending agreement on government funding for the remainder of fiscal year 2018. Since October 2017, the government had been funded through a series of...more

Stoel Rives - Renewable + Law

Updates to Energy-Related Bills in the 2017-2018 California Legislative Session

Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 legislative session. Legislators have been busy moving...more

Perkins Coie

FCC Reduces Regulatory Barriers to 5G Wireless Deployment

by Perkins Coie on

The Federal Communications Commission recently adopted an order containing sweeping regulatory changes to speed the deployment of advanced wireless services to provide connectivity for innovative Internet of Things, augmented...more

Holland & Knight LLP

New York City Set to Take Another Step to Limit New Hotels and Motels - Proposal Would Require Special Permits for New or...

by Holland & Knight LLP on

• New York City's City Planning Commission (CPC) is expected to officially propose in the next few weeks an amendment to the City's Zoning Resolution to require that most new hotels and motels in light manufacturing districts...more

Allen Matkins

California Environmental Law & Policy Update - April 2018

by Allen Matkins on

Focus - EPA to roll back car emissions standards, handing automakers a big win - THE WASHINGTON POST - Apr 2 U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt announced Monday that he would revoke...more

Ward and Smith, P.A.

New Statutes of Limitation For Zoning Enforcement

by Ward and Smith, P.A. on

Statutes of limitation are laws that place a limitation on the period of time within which a party may commence litigation about certain matters. They are based upon the concept that there should be some time period during...more

Murtha Cullina

Appellate Group News: 2017 Year In Review

by Murtha Cullina on

2017 was a significant year for Murtha Cullina’s appellate practice group. The firm was recognized by the Connecticut Law Tribune as its "Appellate Litigation Department of the Year." 2017 also marked two anniversary dates of...more

Womble Bond Dickinson

Grandfathering and Continuing Nonconformities in North Carolina

by Womble Bond Dickinson on

Last time, we introduced you to the concept of nonconformity laws in North Carolina. This time, we’ll spend some energy discussing the most common (and legally charged) aspect of nonconformity laws: how local laws restrict...more

Robinson+Cole RLUIPA Defense

CAFO Stinks, but Not a Substantial Burden

Do 1,400 cattle and 17.4 million gallons of cow waste in open-air lagoons, upwind and a half a mile from a religious youth summer camp, impose a substantial burden? As unpleasant as a concentrated animal feed operation...more

Fox Rothschild LLP

SCOTUS Declines Fla. Keys Property Rights Appeal

by Fox Rothschild LLP on

The U.S. Supreme Court has decided not to hear the appeal of the owner of a Florida Keys island who alleged that increasingly restrictive development regulations have harmed his property rights. The property owner argued that...more

Locke Lord LLP

Podcast Episode 14 - Four Cases to Watch in 2018

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 14, we discuss four cases to watch in 2018: Ganson v. City of Marathon –...more

Locke Lord LLP

Podcast Episode 13 - Penn Central and the Loft by Central Park

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 13, Professor Jamila Jefferson-Jones joins us to discuss the sharing economy, regulations on short-term rentals, and how such regulations...more

Pierce Atwood LLP

Mass. Appeals Court Clarifies Requirements For Extending Common-Scheme Real Estate Restrictions Beyond 30 Years

by Pierce Atwood LLP on

In its decision in Berger v. 2 Wyndcliff, LLC, the Massachusetts Appeals Court answered an important question about extending common-scheme real estate restrictions beyond the presumptive statutory limit of 30 years. ...more

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