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Land Use Restrictions Local Ordinance State and Local Government

Lowndes

Orange County BCC Adopted Vision 2050 and Orange Code on June 3, 2025

Lowndes on

Vision 2050 is a county-wide amendment to the state-mandated Comprehensive Plan. It was first transmitted to the state for comments by the Board of County Commissioners (BCC) on July 25, 2023. It was adopted on June 3 by a...more

McGuireWoods LLP

Fairfax County Planning Commission Recommends Data Center Zoning Changes

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On June 6, 2024, the Fairfax County, Virginia Planning Commission recommended approval of zoning ordinance amendments that will create new restrictions for data centers. The proposed ordinance will permit by-right data center...more

Holland & Knight LLP

Florida's New Live Local Act Offers Land Use and Tax Benefits

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Florida Gov. Ron DeSantis signed into law Senate Bill 102 on March 28, 2023, with an effective date of July 1, 2023. Commonly referred to as the Live Local Act (the Act), it has significant land use, zoning and tax benefits...more

Perkins Coie

City of Davis Did Not Err in Finding Mixed-Use Project Consistent With General Plan

Perkins Coie on

The court of appeal held that the City’s determination that a mixed-use development project was consistent with applicable general plans policies and standards was supported by substantial evidence. Old East Davis...more

Coblentz Patch Duffy & Bass

San Francisco Election Results: Which Land Use-Related Ballot Propositions Passed?

In early June, we reported on the key land use-related ballot propositions San Francisco voters faced during the June 7, 2022 special election. Now that the dust has settled after the election, voters came very close to...more

Bradley Arant Boult Cummings LLP

Just Say No? Some Cities Opt Out of Mississippi Medical Cannabis Act, and Others May Follow or Adopt Restrictions

Municipalities in Mississippi are electing to opt out of allowing medical cannabis establishments to operate under the Mississippi Medical Cannabis Act or, at a minimum, are holding public hearings to explore that option or...more

Perkins Coie

2021 Land Use and Development Case Summaries

Perkins Coie on

Below are summaries of the key California and Ninth Circuit land use and development law cases decided in 2021. 1. Planning and Zoning - CHEVRON v. COUNTY OF MONTEREY 70 Cal. App. 5th 153 (2021) - A county ordinance...more

Miles & Stockbridge P.C.

Real Estate Alphabet Soup: Z Is for Zoning

In my last post, “Real Estate Alphabet Soup: Y Is for Yard”, I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” and completes the recipe with the final ingredient, the...more

Holland & Knight LLP

California's Pro-Housing State Legislation Prevails Over Local Voter Measures

Holland & Knight LLP on

As Holland & Knight has previously reported, California courts have consistently enforced state housing laws that preempt land use and planning decisions by local governments. (See previous Holland & Knight alerts, "Court of...more

Perkins Coie

2020 Land Use and Development Case Summaries

Perkins Coie on

Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more

Lowndes

Orange County Updates School Impact Fee Rates

Lowndes on

On December 1, 2020, the Orange County Board of County Commissioners (BCC) voted unanimously to adopt an ordinance updating the County’s school impact fees for residential development....more

Pierce Atwood LLP

Not Your Grandfather’s Nonconforming Structure: Mass. Appeals Court Clarifies Deadrick Decision, Discusses Difference Between...

Pierce Atwood LLP on

In perhaps a sign of the linguistic times, Appeals Court Justice James R. Milkey’s opinion in the case of Comstock v. Zoning Board of Appeals of Gloucester received more media coverage for certain racial history commentary...more

Lowndes

Seminole County Planning & Zoning Commission Tables Hearing on Mobility Fee Ordinance

Lowndes on

On August 5, 2020, the Seminole County Planning and Zoning Commission unanimously voted to table the public hearing on the Mobility Fee Ordinance to its next regularly-scheduled meeting. If adopted, the new mobility fee...more

Lowndes

Seminole County Considering Higher Mobility Fees Based on New Study

Lowndes on

Seminole County has commissioned a study to replace the county's road impact fee with a mobility fee. If adopted, the new mobility fee program would result in a substantial increase in impact fees for most developments....more

Bilzin Sumberg

Rapid Transit Zones in Miami-Dade County

Bilzin Sumberg on

Land use and zoning attorneys, Stanley B. Price and Anthony De Yurre, explore the history of rapid transit zones in Miami-Dade County and what challenges developers face in the expansion of rapid transit impact zones today....more

Pierce Atwood LLP

City of Portland to Rewrite its Land Use Ordinances

Pierce Atwood LLP on

For the first time in over 50 years, the City of Portland is rewriting its Land Use Code, which is found in Chapter 14 of the City’s Code of Ordinances. The effort involves several substantive policy changes aimed at making...more

Perkins Coie

Court May Order City to Remedy Inconsistencies in its General Plan Created by Initiative

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A court could properly direct a city council to correct internal inconsistencies in its general plan resulting from adoption of an initiative. Denham, LLC v. City of Richmond, 41 Cal. App. 5th 340 (2019). The Richmond City...more

Womble Bond Dickinson

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

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

Ward and Smith, P.A.

New Statutes of Limitation For Zoning Enforcement

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

Womble Bond Dickinson

Grandfathering and Continuing Nonconformities in North Carolina

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

Holland & Knight LLP

Local Drone Law Struck Down by Federal Preemption

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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

Jackson Walker

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

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

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