This year’s extensive condominium bill CS/CS/CS/HB 1021 (“HB 1021”) containing amendments to the Condominium Act created a new Section 718.407 entitled “Condominiums created within a portion of a building or within a multiple...more
Developers who create residential subdivisions in Florida are typically obligated to form a homeowners’ association (HOA) to govern the community. Mandated by permitting authorities like counties, cities, and water management...more
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
Montgomery County land developers face a myriad of challenges that can make or break their projects. From intricate zoning laws to community opposition, the road to successful development is replete with obstacles....more
House Bill 14 (by Harris (R), House District 8, Palestine, Anderson County, Texas) - Effective September 1, 2023 - THIRD-PARTY REVIEW OF PLATS, PLANS, PERMITS AND INSPECTIONS - HB 14 adds a new Chapter 247 to the...more
The First District Court of Appeal held that a single deed conveying four or fewer contiguous lots can qualify for a presumption of legality under section 66412.6(a) of the Subdivision Map Act so long as the lots are...more
The Rhode Island General Assembly recently passed a series of bills through both houses which were transmitted to the Governor for signature on June 19, 2023, commonly known as House Speaker Joseph Shekarchi’s housing...more
Last month, in Cuffaro v Zoning Board of Appeals of the Village of Bellport (Index # 620453/2021), the Suffolk Supreme Court reinforced the existing and binding case law that a municipality’s issuance of a building permit to...more
On May 12, 2022, the First District Court of Appeal filed a 108-page published opinion affirming a judgment denying a CEQA writ petition that challenged Marin County’s approval of a 43-lot single-family residential...more
When requesting deviation from setback minimums or minimum lot size requirements, a developer must request an area variance. Even if the lots are zoned residential and the developer only wants to build a single-family...more
Land in Florida continues to be rapidly developed due to the economic growth still taking place in the state. The housing market currently remains strong, and new residential developments (both apartments and single-family...more
CASES OF NOTE - SIMILAR PROJECTS, DIFFERENT DECISIONS - Brossi, et al. v. Town of Grafton Planning Board, et al., No. 19 MISC 000551 (MDV), 2021 WL 5833935 (Mass. Land Ct. Dec. 9, 2021) - The Massachusetts Land...more
Before adjudication, a court must determine whether a plaintiff has standing. Standing means that the party has a right to access the courts for a particular dispute. A petitioner bears the burden to show an actual injury and...more
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
Determining the width of a right-of-way may be more difficult than you think, even when the dimensions are specifically defined. New York courts take the approach that elevates the right of passage over full use an easement...more
In Dodge v. Baker, Plaintiff and Defendants are neighboring property owners of two parcels of land located in the Village of Sodus (the “Village”), in Wayne County, New York (the “Parcels”). Each parcel was created as the...more
On August 17, 2020, in Martis Camp Community Association v. County of Placer, __ Cal.App.5th __ (2020) (Case Nos. C087759 and C087778), the Third District Court of Appeal addressed several novel legal claims arising from the...more
Petitioner, Claude Simon (“Petitioner”), owns approximately 2.25 acres of property in the Village of Upper Nyack (the “Village”), which he sought to subdivide into two separate lots. The first lot would contain the existing...more
California’s statues of limitations in land use cases are notoriously short and harsh and don’t often result in outcomes favorable to aggrieved applicants. Exceptions such as Honchariw v. County of Stanislaus, __ Cal.App.5th...more
Ronald A. Kaye, the property owner at 39 Actors Colony Road, Village of North Haven, sought to subdivide his 157, 241 square foot property into two residential lots. The subject property is located in the Residence R-1 Zoning...more
In Cady v Town of Germantown Planning Bd., 2020 NY Slip Op 03440 [3d Dept 2020], the Appellate Division, Third Department, reversed the Columbia County Supreme Court’s judgment annulling site plan approval, and dismissed the...more
In a striking blow, stripping a city of a judgment of nearly $1 million, the Massachusetts Appeals Court recently reversed a superior court summary judgment awarding fines to the City of Haverhill for a developer’s violations...more
On June 25, 2020, the Fifth Appellate District decided Honchariw v. County of Stanislaus, holding that an applicant's challenge to a local agency's interpretation of a project condition of approval was not barred by the...more
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
The County of San Diego violated the Subdivision Map Act by approving residential development of land restricted to agricultural use under the Williamson Act when the development was neither closely related to nor necessary...more