News & Analysis as of

Land Use Restrictions Municipalities

Partridge Snow & Hahn LLP

Short Term Rentals in Rhode Island: Municipality Restrictions and Subsequent Litigation

The legality and regulation of Short Term Rentals, which in some municipalities are defined as “guest house” or “transient guest facility” uses (“STRs”), has, with the explosion in popularity and use of hosting platform...more

Pullman & Comley - For What It May Be Worth

Public Hearing on Connecticut Eminent Domain, Property Tax, Land Use Bills

On Monday, March 10, 2025, the Connecticut General Assembly’s Planning and Development Committee held a public hearing on the following eminent domain, property tax and land use bills of interest to the business community...more

Lowndes

Update on Orange County’s Proposed Ordinance to Halt Certain Development Projects

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On October 29, 2024, the Orange County Board of County Commissioners approved a new ordinance that will temporarily suspend all comprehensive plan text and map amendments, rezonings, and special exceptions, but provides a...more

Venable LLP

Green Fast Track for Housing Rule to Streamline Residential Development in NYC

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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

Bennett Jones LLP

Be Careful what you Agree to: Municipal and Planning Agreement Enforceability and the Potential for Perpetual Impacts on...

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When are agreements entered into as part of the land use planning approval process an extension of that process, and therefore changeable through a future process, and when are they more akin to commercial contracts that will...more

Venable LLP

Fauquier County's Board Implements New Data Center Development Policy Guidance

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On December 14, 2023, the Fauquier County Board of Supervisors adopted policy guidance for data center development. The Data Center Development Policy limits where data centers can be established and regulates various aspects...more

Dorsey & Whitney LLP

Uncertainty Looms: Minneapolis's 2040 Plan Hits (Another) Judicial Roadblock

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The month of September was a bad month for the City of Minneapolis’s 2040 Comprehensive Plan (2040 Comp Plan). On September 5, 2023, Minnesota’s Fourth Judicial District (Hennepin County) released a decision temporarily...more

Bowditch & Dewey

SJC Issues Decision Encouraging Broad Application of Dover Amendment Protections

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In Hume Lake Christian Camps, Inc. v. Planning Board of Monterey, 492 Mass. 188 (2023), the SJC was tasked with deciding whether the Dover Amendment precluded the Town of Monterey from denying approval of a recreational...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

Lerch, Early & Brewer

City of Gaithersburg ‘Retooling’ and Modernizing Zoning Ordinance

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In 1965, the Voting Rights Act was passed, the Beatles performed the first stadium concert in the history of rock, and the Washington Hilton opened just north of Dupont Circle in Washington, DC....more

Hogan Lovells

Ausübung eines Wiederkaufsrechts nach 20 Jahren noch zulässig - BGH-Urteil vom 16.12.2022, V ZR 144/21

Hogan Lovells on

Viele Gemeinden ärgern sich über ehemals gemeindliche Grundstücke, die brach liegen bleiben und mit Wohnungen bebaut werden könnten. Gemeinden wollen handeln und prüfen, wie sie diese Grundstücke anderen Investoren zur...more

Holland & Knight LLP

Los Angeles Transit Oriented Communities Program Sees Its Wings Clipped … Somewhat

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In Fix the City, Inc. v. City of Los Angeles (L.A. Sup. Ct. Case No. 20STCP03529, order filed May 24, 2022), the Los Angeles Superior Court ruled that conflicts between qualifying Transit Oriented Communities (TOC) Guidelines...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

Robinson & Cole LLP

Massachusetts SJC Sheds Light on Zoning Protection for Solar Facilities in Tracer Lane II Realty, LLC v. City of Waltham

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On June 2, 2022, the Massachusetts Supreme Judicial Court (SJC) issued its much-anticipated decision in Tracer Lane II Realty, LLC v. City of Waltham, SJC-13195, interpreting for the first time the statutory protection for...more

Downs Rachlin Martin PLLC

Vermont Supreme Court Revisits Question of Act 250 Jurisdiction in “One-Acre Towns”

On February 11, 2022, the Vermont Supreme Court revised its analysis in the Snowstone appeal addressing the question of when development triggers Act 250 jurisdiction in so‑called “one-acre towns.” ...more

Perkins Coie

2021 Land Use and Development Case Summaries

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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

Harris Beach Murtha PLLC

Recent Updates Affecting the Retail, Restaurant & Hospitality Industry

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Marijuana and Zoning: Lack of Guidance Creates Unknowns…  On June 22, 2021, Governor Lamont signed Senate Bill 1201 into law. The bill, entitled “An Act Concerning Responsible and Equitable Regulation of Adult-Use...more

Farrell Fritz, P.C.

Single and Separate and the Doctrine of Merger

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Generally, many property owners assume that where a lot is held in single and separate ownership they are entitled to an area variance “as of right.”  That is not entirely true.  An exception to the single and separate...more

Saiber LLC

New Jersey Senate to Consider Bill to Curb Warehouse “Sprawl”

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The New Jersey Senate is scheduled to consider bill S3688, which, if signed into law, would amend New Jersey’s Municipal Land Use Law (“MLUL”) to impose new procedures and requirements for the approval to develop certain...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

Perkins Coie

Ninth Circuit Largely Upholds FCC Orders Designed to Promote 5G Network Deployment

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In a recent decision, a panel of the U.S. Court of Appeals for the Ninth Circuit largely upheld three Federal Communications Commission (FCC) orders intended to facilitate the rapid deployment of 5G wireless facilities...more

Troutman Pepper Locke

NJ Supreme Court Rules No Public Health And Safety Ordinance Exception To Vested Rights Of Final Land Use Approvals

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The protection from ordinance changes, commonly known as “vested rights,” conferred by the grant of a final subdivision or site plan approval is one of the most important legal tenets of New Jersey’s Municipal Land Use Law...more

Robinson & Cole LLP

COVID-19 Pandemic Impacts on Land Use and Zoning

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As we are all too aware, on March 10, 2020, Governor Ned Lamont issued declarations of public health and civil preparedness emergencies, proclaiming a state of emergency throughout the State of Connecticut as a result of the...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

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State and City Government – General - With limited exceptions, all Philadelphia government buildings are closed to the public, and all non-essential government operations are suspended....more

Bowditch & Dewey

Municipal Support for Local Economies in a Public Health Crisis May Include Regulatory Flexibility

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As businesses scramble to survive in the spring of 2020, trends have emerged locally and across the country. Despite widespread economic pain, many bedrock business categories have responded with new and creative ways to meet...more

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