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Municipalities Land Developers

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

Nossaman LLP

Eminent Domain for Off-Site Public Improvements Associated with Private Development

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Most private development projects in California trigger some sort of discretionary public approval, whether it be environmental review, zone changes, permits, or other forms of entitlement approvals.  As part of that approval...more

McNees Wallace & Nurick LLC

Ways to Encourage Controlled and Collaborative Development: Streamline the Process for Zoning, Subdivision, and Land Development...

We would not blame you if you said that dealing with attorneys is not your favorite part of being a municipal official. However, in our defense, people use attorneys because they need help with complicated legal processes and...more

Hinckley Allen

The New Year Brings New Land Use Court to Rhode Island

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The Land Use Calendar will primarily cover appeals from decisions of local review boards such as zoning boards, appeals relating to development applications, and appeals from the enactment or amendment of zoning ordinances....more

DarrowEverett LLP

Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

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Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more

DarrowEverett LLP

If You Don’t Use It, You May Lose It: Land Development Approvals

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Picture this scenario: You have a residential development project that had conceptual approval from the local Planning Board two years ago. Under the local laws that existed when you applied for your approval, you were...more

McNees Wallace & Nurick LLC

Top 5 Ways to Encourage Controlled and Collaborative Development: Providing for Clearly Defined Processes (Part II of V)

With football season behind us, March arrives with bracket talk and the discussion of college basketball teams you have never heard of. Some of us spend hours researching or contacting that old college buddy to help fill our...more

Brownstein Hyatt Farber Schreck

Metro District Legislation, Lawsuits Could Radically Impact New Development in Colorado

For the second straight year, metropolitan district reform legislation is moving through the Colorado House of Representatives. If the proposed legislation passes—or if resident-controlled metropolitan district boards set new...more

Bennett Jones LLP

Builder Beware: Ontario Court of Appeal Allows Multiple Municipality Infrastructure Charges

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On October 31, 2022, in the case of Stelmach Project Management Ltd. v. City of Kingston, the Ontario Court of Appeal held that the City of Kingston may rely on the Municipal Act to enact by-laws imposing fees based on the...more

McNees Wallace & Nurick LLC

Quit Bossin’ Us Around: Oh Wait, You’re Not

There is a common misconception among municipal officials and planners in Pennsylvania, something similar to the following: “The State told us we have to update our comprehensive plan.”...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

McNees Wallace & Nurick LLC

Amendments to the MPC Clarify Municipal Bonding Requirements

Kicking off 2022, we can celebrate a win for builders and developers with the enactment of PA Senate Bill 208, which was signed into law by Governor Wolf on December 22, 2021....more

Weintraub Tobin

New California Laws Affecting Real Estate in 2022

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To kick off our 2022 newsletter season (and hopefully in better fashion than the Sacramento Kings), we thought it would be helpful to summarize a few of California’s noteworthy new-for-2022 laws....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

Perkins Coie

Court Upholds California Law Limiting Local Governments’ Ability to Deny Housing Development Applications

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In a major recent decision, the California Court of Appeal rejected a city’s interpretation of what constitutes an “objective” standard under the Housing Accountability Act (HAA), Government Code section 65589.5, and upheld...more

Snell & Wilmer

State of Washington Adopts Tax Increment Financing—What Governments and Developers Should Know

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After years of discussion, the State of Washington has finally adopted a comprehensive tax increment financing law permitting local governments to create “increment areas” and use tax increment financing to fund public...more

Pierce Atwood LLP

Maine Law Court Restricts Use of Easements for Development Permits

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Recently,  the Maine Supreme Judicial Court (the Law Court) issued a decision that could impact developers’ ability to apply for development permits if the developer proposes to use property over which the developer has only...more

Ballard Spahr LLP

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

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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Troutman Pepper

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

Rosenberg Martin Greenberg LLP

My Deal Was Approved By High-Ranking Government Officials; How Can I Not Have a Binding Contract?

Parties entering into contracts with corporations, limited liability companies, and other legal entities often require proof, in the form of resolutions by the board of directors or members authorizing an identified officer...more

Womble Bond Dickinson

Supreme Court Construes Local Law to Allow “Availability” Fees to be Charged Against Developed Property and Undeveloped Property

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Infrastructure fees are a common battleground between landowners/developers and local governments. The Supreme Court decided a case this week that counts as a “win” for the local governments, reversing a Court of Appeals...more

Bilzin Sumberg

Rapid Transit Zones in Miami-Dade County

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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

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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

Bilzin Sumberg

Real Estate Developer Rights When Cities Demand Too Much

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Land use & zoning attorneys, Stanley B. Price and Anthony De Yurre, discuss what real estate developer's rights are when the government demands too much, and where the line should be drawn according to both statute and case...more

Obermayer Rebmann Maxwell & Hippel LLP

There’s No Problem with “Paper Streets” that Time Can’t Solve

Unfortunately, it’s a tale as old as time. Picture this, you find a beautiful piece of land that you can develop profitably for years to come. You engage architects and engineers to bring your vision to life....more

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