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Municipalities Land-Use Permits

Polsinelli

SCOTUS Decision May Limit Municipalities’ Ability to Collect Impact Fees

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In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...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

Saiber LLC

SCOTUS Agrees to Hear Case Concerning the Scope of Constitutional Challenges to Land Use Permit Conditions

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The Supreme Court of the United States has agreed to hear Sheetz v. County of El Dorado, California, a case that concerns whether land use permit conditions in the form of monetary exactions created by legislation are...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

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

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

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 City of Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy Project/Municipal Regulation: Massachusetts Land Court Addresses Challenge to Special Permit Requirement

The Massachusetts Land Court (“Land Court”) in a December 24th decision addressed a challenge to the Town of Ware’s (the “Town”) requirement that PLH LLC (“PLH”) obtain a special permit for its proposed ground-mounted solar...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

Jackson Walker

Texas Legislative Update: New Laws Impacting Real Estate Developers and Builders

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More than 10,000 bills were filed during the 86th Texas legislative session. Some of the bills that were filed and ultimately signed into law specifically impact the real estate and construction industries. Below is a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Landfill/Nonconforming Use: Minnesota Appellate Court Addresses Ability of Purchaser to Continue Operation

The Court of Appeals of Minnesota (“Court”) addressed in a March 4th opinion a landowner’s ability to continue a prior nonconforming use limited to the uses allowed under the terms of the land-use permit in effect at the time...more

Best Best & Krieger LLP

[WEBINAR] Planning in the Coastal Zone

This webinar discusses the responsibilities and authorities of local governments under the California Coastal Act, including the preparation of a Local Coastal Program and amendments and the issuance of coastal development...more

Stoel Rives -  Ahead of Schedule

Establishing a Legal Nonconforming Use

The key to a legal nonconforming use is establishing that the use previously existed legally. The Utah Court of Appeals recently reiterated this statutory requirement in LJ Mascaro v. Herriman City, 2018 UT App 127, where it...more

Farrell Fritz, P.C.

Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations

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The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply with the zoning rules applicable to other property owners. However, the Appellate Division, Third...more

Womble Bond Dickinson

Court Will Not Enjoin Issuance of Land Use Permits Where None Yet Applied

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Any stock brokerage website will tell you that “past performance is not indicative of future results.” The same is true in the context of land use permitting, such that what a municipality “had done” cannot ripen a claim to...more

Nutter McClennen & Fish LLP

In the Zone: A Primer on Land Use: Insights from Nutter’s Matt Snell

Land use law is a broad term that can encompass a wide range of federal, state, and municipal laws governing the development and use of property. In Massachusetts, the development of property is regulated in large part...more

Farrell Fritz, P.C.

Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

Farrell Fritz, P.C. on

On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to increase a parcel’s wastewater limits established by the Suffolk County Department of Health Services (“SCDHS”) by...more

Farrell Fritz, P.C.

Federal Oversight of Zoning within the Fire Island National Seashore

Farrell Fritz, P.C. on

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about...more

Farrell Fritz, P.C.

Court Supports Expansive View of What Constitutes Religious Use

Farrell Fritz, P.C. on

Courts have recently expanded what constitutes religious conduct. In particular, in Matter of Sullivan v. Board of Zoning Appeals of City of Albany, 144 A.D. 3d 1480 (3d Dep’t 2016), an appellate court ruled that the use of a...more

Farrell Fritz, P.C.

Arrested Development? After year of defeating development, could LI be the ‘Land of No’ no longer?

Farrell Fritz, P.C. on

This Long Island Business News Article quotes Farrel Fritz' Attorney Anthony Guardino. Long Island has long been a tapestry of small towns from Manhasset to Montauk, with local regulations that seem designed to help keep...more

Jackson Walker

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

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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

Farrell Fritz, P.C.

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 2

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In this post, which is the second segment of a three-part series, we will highlight the various ways that local governments facing fiscal challenges have turned to imposing fees related to the administration of their zoning,...more

Robinson+Cole RLUIPA Defense

RLUIPA Round Up

The recent confirmation of Supreme Court Justice Neil Gorsuch has brought renewed attention to the often blurry line between the courts, government and individual religious liberty. Gorsuch wrote a concurring opinion in the...more

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