Religious Use Law in South Florida
Rapid Transit Zones in Miami-Dade County
Real Estate Developer Rights When Cities Demand Too Much
Newsflash: Rockweed Not a Fish
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
As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule...more
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
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
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
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
'Is it local?' isn't just a question about the source of a cannabis product; now it's a question about one of the more complex and inconsistent levels of cannabis regulation, that of the local government. Production and sale...more
The Ballard Spahr Zoning and Land Use Team continues to monitor all aspects of the Philadelphia land use approval process, including the issuance of zoning and building permits, regulation of construction work, and zoning and...more
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
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
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
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
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
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
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
If a referendum petition includes the full text of the subject land use measure, documents referenced in such measure need not be attached to the petition unless they are attached to the measure or expressly incorporated into...more
Deciding that the “primary and predominant” purpose of a behavioral skills program was the treatment of serious mental illness and not the teaching of “core life skills,” the Land Court rejected arguments that the program...more
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
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
• 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
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
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
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
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
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