News & Analysis as of

Mixed-Use Zoning

No Homeless in the Historic District?

A church has filed suit against the City of Davenport, Iowa (the “City”), after the City issued it a Cease and Desist Order (the “Order”) prohibiting the service of meals to the homeless, alleging violations of RLUIPA’s...more

California Governor Signs into Law Major Reforms to Housing Accountability Act - New Law Increases Developers' Ability to Secure...

by Holland & Knight LLP on

• California Gov. Jerry Brown has signed into law two bills that significantly reform California's Housing Accountability Act (HAA). • Effective Jan. 1, 2018, these laws will significantly increase the ability of housing...more

Fire Protection Districts' Authority to Enforce State Fire Marshal Standards and Regulations Reiterated in California AG Opinion -...

by Best Best & Krieger LLP on

The California Attorney General has reiterated fire protection districts’ broad authority to enforce building standards and regulations disseminated by the State Fire Marshal, including for residential occupancies and...more

Retail Hybrids: Following Trends in Cars, Sports and Food

by Goulston & Storrs PC on

Hybrids of many sorts have been trending in countless industries throughout the years and show no sign of fading away anytime soon. Toyota announced that it sold its 10 millionth hybrid car this year, twenty years after...more

Appeals Court Confirms That a Government Building Has the Status of a Pre-Existing Nonconforming Structure When Transferred to a...

by Goulston & Storrs PC on

In Gund, et al. v. Planning Board of Cambridge, et al., No. 15-P-1339 (Mass. App. Ct. July 19, 2017), neighbors of the former Sullivan Courthouse in Cambridge challenged special permits granted by the Cambridge Planning Board...more

City of Charleston Changes Workforce Housing Zoning Rules

by McNair Law Firm, P.A. on

The City of Charleston has changed the rules governing the Mixed Use Workforce Housing District Zoning Ordinance in an effort to further diversify housing opportunities for residents....more

Condominium Issue with Long-Term Tax-Exempt Bond Financing

by Ruder Ware on

We recently helped a client complete long-term tax-exempt bond financing of a portion of a mixed-use condominium. These projects raise interesting issues. Long story short, if you find yourself in a similar situation, you...more

Board of Supervisors to Consider Compromise Inclusionary Housing Legislation

On June 5, the Land Use and Transportation Committee of the Board of Supervisors will consider compromise inclusionary housing legislation. As shown in our summary comparison chart, the legislation would generally retain...more

Supreme Court of California Ruling Elevates Responsible Agency Role Under CEQA - City's EIR Erred by Failing to Fully Disclose and...

by Holland & Knight LLP on

In Banning Ranch Conservancy v. City of Newport Beach, et al., the Supreme Court of California held that lead agencies need to expressly disclose and consider the jurisdictional claims and regulatory opinions of responsible...more

Eleventh Circuit Affirms Decision Under Florida Law Barring Contractor’s Performance Bond Claim for Failure to Comply With Notice...

by Pepper Hamilton LLP on

Int’l Fidelity Ins. Co. v. Americaribe-Moriarty JV, 2017 U.S. App. LEXIS 3628 (11th Cir. Feb. 28, 2017) - Americaribe-Moriarty Joint Venture (“Americaribe”) entered into a subcontract with Certified Pool Mechanics I,...more

California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

by Snell & Wilmer on

The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court...more

Fourth Appellate District Upholds EIR for 200-Acre Specific Plan Development in Riverside County

by Downey Brand LLP on

In its February 14 decision (certified for publication on March 15) in Residents Against Specific Plan 380 v. County of Riverside, the Fourth Appellate District upheld the County of Riverside’s (“County’s”) approval of a...more

Chicago Department of Planning and Development releases Industrial Corridor Modernization Framework Plan

by DLA Piper on

The Chicago Department of Planning and Development (DPD) has released its North Branch Industrial Corridor Modernization Plan. This framework plan is the first component of the City of Chicago's industrial corridor...more

Sky Signs, Colossal Murals and Billboards, Oh My

by Farrell Fritz, P.C. on

Two recent New York cases brought to mind the well-known poem about trees. No, not the one written by Joyce Kilmer. The other one, written by Ogden Nash. Who can ever forget those immortal words. “I think that I shall never...more

Prop X Would Impose New PDR Replacement Requirements in SoMa and the Mission

Production, Distribution, and Repair (PDR) space is a hot commodity in San Francisco. Over the past few years, numerous organizations, policymakers, and elected officials have been engaged in efforts to preserve existing and...more

What's an 18 hour city?

Ely Portillo, of the Charlotte Observer, brings us all up to speed on defining commonly thrown about real estate development jargon. Low-rise? Mid-rise? Mixed-use? Your guide to jargon in a city of cranes....more

Pitfalls of the LTA 1987 – Tenants' Rights of First Refusal

by White & Case LLP on

Landlords of mixed use properties should pay close attention to the traps within Part I of the Landlord and Tenant Act 1987 (the "Act"). Are you a landlord of a mixed use property? Might you become a landlord of a mixed...more

California Governor Extends CEQA Litigation Streamlining Provisions for Large Projects Promoting Job Creation and Innovative...

by Best Best & Krieger LLP on

Law Will Expedite Schedules for Qualified Projects - On Friday, Gov. Jerry Brown signed into law a bill extending special California Environmental Quality Act litigation streamlining provisions for large,...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19378 - State v. Francis - SC19411 - State v. Wright - Appellate Court Advance Release Opinions: AC35949 - State v. Porter - AC36656 - State v. Gonzalez - AC36971...more

ICSC’s New England Idea Exchange Draws a Crowd to Talk Shop

by Goulston & Storrs PC on

The Hynes Convention Center hosted the ICSC New England Deal Making Conference in Boston last week from July 19 through July 21. ICSC announced that attendance was at an all-time high of about 1,200 people. The conference...more

Bethesda Downtown Plan is First of its Kind

by Ballard Spahr LLP on

The Montgomery County Planning Board has approved—and will now send to the County Council for review—the Bethesda Downtown Plan, a potentially groundbreaking master plan that integrates the zoning and financing of public...more

The Economic Development Toolbox: Downtown Redevelopment Districts Provide Additional Economic Development Tools for Ohio...

by Benesch on

On May 6, 2016, Governor Kasich signed Am. Sub. House Bill 233 (“H.B. 233”) authorizing Ohio municipalities to create Downtown Redevelopment Districts (“DRDs”) to encourage the rehabilitation of historic buildings and...more

Real Estate News in Metro DC

by Ballard Spahr LLP on

Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C....more

That Sinking Feeling

by Reed Smith on

Structuring the ownership of mixed use buildings requires care both initially and then during the management of the building.  In a recent case, an investor in the residential parts of a mixed use building faces a significant...more

Are Prohibited Uses Prohibiting Opportunity?

by Goulston & Storrs PC on

Despite how it may sometimes seem when in the throes of negotiating a lease between a shopping center landlord and a retail tenant, the overarching goals of the two parties are aligned. Both parties want the tenant to be...more

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