News & Analysis as of

State and Local Government Land Developers Appeals

DarrowEverett LLP

Legal Guidance Can Be Key in Navigating Rhode Island Land Use Matters

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Land use matters in Rhode Island are often challenging to interpreappt and navigate. In fact, the Ocean State is known for having among the most restrictive policies for zoning and land use control in the U.S. It’s not hard...more

Carlton Fields

Zoning Appeals: Have We Been Doing This Wrong for 30 Years?

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Since the end of 1993, Florida land use and zoning lawyers have been taught the basics: a rezoning hearing is quasi-judicial in nature and appeals of the decision go to circuit court on certiorari review. Why is this? Because...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...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

Perkins Coie

Bond Properly Required for Challenge to Affordable Housing

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A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court’s order requiring it to post a bond. The Court of Appeal rejected plaintiff’s contentions...more

Perkins Coie

City of Davis Did Not Err in Finding Mixed-Use Project Consistent With General Plan

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The court of appeal held that the City’s determination that a mixed-use development project was consistent with applicable general plans policies and standards was supported by substantial evidence. Old East Davis...more

Perkins Coie

Single Home Not Subject to the Housing Accountability Act

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The court of appeal held that the Housing Accountability Act (HAA) does not apply to a one-unit single-family home project. Reznitskiy v. County of Marin, 79 Cal.App.5th 1016 (2022). ...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

Perkins Coie

Agreement to Indemnify LAFCO Against Claims Arising from Annexation Decision Was Unenforceable as Lacking Consideration

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The Court of Appeal held that an agreement obligating a developer and city to indemnify LAFCO against claims arising from its annexation decision lacked consideration because the agreement simply required LAFCO to do what it...more

Holland & Knight LLP

Is It Legal to Require Indemnification on Project Application or as Condition of Approval?

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Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant...more

Shutts & Bowen LLP

Objecting to a Real Estate Project in Florida Carries a Risk of Liability

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By refusing to hear an appeal of a decision by a Florida appellate court, the US Supreme Court effectively sided with a developer who won a multi-million judgment against someone who tried to undermine the developer’s...more

Perkins Coie

Court May Order City to Remedy Inconsistencies in its General Plan Created by Initiative

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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

Perkins Coie

Determinations Regarding Compatibility of Residential Uses with Timberland Production are Ministerial and Hence Exempt from CEQA...

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The Third District Court of Appeal rejected a CEQA challenge to a county’s general plan update, holding that a county’s California Timberland Productivity Act finding that a residence or structure is necessary for timberland...more

Miller Starr Regalia

Third District Holds Plumas County General Plan Update EIR Complies With CEQA And Update’s Compatible Use Determinations Do Not...

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In an opinion filed October 19, and later ordered published on November 15, 2018, the Third District Court of Appeal affirmed a judgment upholding Plumas County’s First comprehensive update of its 1984 general plan, and...more

Downey Brand LLP

Fifth Appellate District Upholds City of Visalia’s General Plan Update Against Challenge to Square Footage Restrictions in...

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On January 30, 2018, the Fifth Appellate District certified for publication its earlier opinion in Visalia Retail, LP v. City of Visalia, upholding the City of Visalia’s (“City”) 2014 General Plan Update. Plaintiff and...more

Perkins Coie

Treaty Obligations to Protect Fish Habitat From Degradation Upheld

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In July 2016, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable...more

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