News & Analysis as of

Urban Planning & Development

Restoring Lives and Revitalizing Communities: Josh Fout (Pulaski County) Brownfield Presentation

Harbor Environmental and Pulaski County jointly sponsored a November 15th seminar held in North Little Rock, Arkansas addressing a variety of Arkansas Brownfield issues. Mr. Josh Fout, who serves as Pulaski County...more

Court May Seek Clarification From Agency Regarding Issue In Pending Litigation

by Perkins Coie on

The Sixth District Court of Appeal held that a trial court in a mandamus action had the inherent power to remand to the Board of Supervisors for clarification regarding an ambiguous general plan consistency finding. The...more

California Affordable Housing Authority Bill Signed Into Law

California Assembly Bill 1598 (Mullin) (“AB 1598”), signed into law by the Governor on October 13, 2017, authorizes cities and counties to create new affordable housing authorities for the purpose of financing low- and...more

When Governmental Entities Collide – Local Zoning Codes May Be The Loser

by Farrell Fritz, P.C. on

A recent decision by the Appellate Division decided that a village zoning code was inapplicable to a water district. As a result, the water district was able to proceed with replacement of one of its massive elevated water...more

Appellate Term Reverses Village Of Port Jefferson Illegal Rental Permit Convictiions

by Farrell Fritz, P.C. on

Week to week we blog about recent developments in the land use arena, which typically arise in the civil context. This week, we thought a recent “criminal” case decided by the Supreme Court, Appellate Term, Second...more

Dude, Where’s My Car? San Francisco’s New Gross Floor Area Definition Furthers Sustainable Transportation Goals

by Coblentz Patch Duffy & Bass on

The San Francisco Board of Supervisors is considering minor modifications to the Planning Code definition of Gross Floor Area. The Planning Department characterizes these changes as “good government” measures to clarify the...more

PPP Canada Phased Out Pending Launch of Canada Infrastructure Bank

by Nossaman LLP on

The Canadian government is taking a new approach to P3s. By the end of 2017, PPP Canada will have ceased operations, and the Canada Infrastructure Bank (the “CIB”) will be launched....more

Portland's Neighborhood Associations Going Strong After 40 Years

by Tonkon Torp LLP on

Portland's neighborhood associations have generated news lately, from Montavilla's resolution resisting the City's efforts to clear homeless camps, to controversy over whether transient persons can vote in Overlook's...more

Osceola County Passes Ordinance Imposing Six-Month Moratorium on Certain Development

On Monday, November 6, 2017, the Osceola County Board of County Commissioners approved, by a 3-2 vote, an ordinance for a 180-day moratorium on certain types of development that require Comprehensive Plan Amendments (CPAs)...more

Town of Chelmsford, et al. v. Newport Materials, LLC, et al

by Goulston & Storrs PC on

In Town of Chelmsford, et al. v. Newport Materials, LLC, et al., C.A. No. 1681CV03455 (Mass. Super. Ct. Sept. 6, 2017), the Town of Chelmsford appealed a Westford Planning Board (“Board”) decision granting Newport Materials,...more

When Is A Park Constitutionally Protected Parkland? Mass. SJC Re-Examines Test Under Article 97

by Pierce Atwood LLP on

In a decision of interest to municipalities, conservation groups, and land use experts, the Massachusetts Supreme Judicial Court (SJC) recently decided that a public playground in the City of Westfield is parkland protected...more

Micro Units: The Latest Trend in High Density Housing

by Miles & Stockbridge P.C. on

In my previous article “The Tiny House Craze: Zoning Laws Could Be a Tiny Impediment” I discussed the popular new “tiny house” trend in residential housing options. Along with the “tiny house” craze, another new and growing...more

Past, Present, Future at P3 Bulletin’s Hub South Conference

by Nossaman LLP on

The United States has the largest emerging public-private partnership (P3) market in the world for infrastructure projects. Due to decreased tax revenue and shrinking budgets, many state and local governments in the southern...more

Embark Richmond Presents Substantial Redevelopment Opportunity

by McGuireWoods LLP on

Fairfax County is close to finishing its comprehensive plan amendment for the Richmond Highway Corridor in northern Virginia. The amendment will create a substantial amount of new density — much of it residential — along the...more

Proposed Mandatory Inclusionary Zoning In Philadelphia

by Fox Rothschild LLP on

In June of this year, Councilwoman Maria Quinones-Sanchez of Philadelphia’s City Council introduced Ordinance No. 170678 to require all new and renovated residential development projects in the City of over 10 units to...more

Houston Astros Minute Maid Park: Home of the World Series Champions (and a Former Brownfield)

The Houston Astros have an additional distinction besides its World Series win. The Astros Minute Maid Park is on the site of a former 38-acre Brownfield....more

La creatividad para conseguir financiación es necesaria para el éxito de P3 del Tribunal Civil de Miami-Dade

by Bilzin Sumberg on

Mientras el Condado de Miami-Dade continúa avanzando hacia el lanzamiento de una propuesta de asociación público-privada (public-private partnership, P3) del tribunal civil, sus representantes enfatizaron en la necesidad de...more

Creativity in Funding Necessary for Miami-Dade Civil Courthouse P3 Success

by Bilzin Sumberg on

As Miami-Dade County continues to take steps towards the launch of a proposed civil courthouse public-private partnership (P3), its representatives have stressed the need to bring the right deal to market, balancing the...more

First Appellate District Rejects Urban Decay Claim, Upholds EIR for New El Dorado County Courthouse

by Downey Brand LLP on

Since the 2004 decision in Bakersfield Citizens for Local Control v. City of Bakersfield, CEQA petitioners challenging development projects often assert that the lead agency has failed to adequately analyze urban decay...more

Fourth Circuit Affirms Dismissal of Constitutional Challenges to Zoning Ordinance Changes

On October 13, the U.S. Court of Appeals for the Fourth Circuit decided the case of Siena Corporation v. Mayor and City Council of Rockville, Maryland, et al. The Court of Appeals affirmed the lower court’s decision to...more

The Little Hoover Commission Issues Report on Special Districts

by Best Best & Krieger LLP on

The Little Hoover Commission released its highly anticipated report entitled “Special Districts: Improving Oversight & Transparency” last week. This was the Commission’s first look at special districts since it last studied...more

Keeping CEQA In Its Lane: First District Holds Substantial Evidence Supports EIR’s Conclusion That “Urban Decay” Is Not Reasonably...

by Miller Starr Regalia on

In 15-page opinion filed on September 15, and later certified for publication on October 16, 2017, the First District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging the Judicial...more

FOIL Follies- Draft Plans Once Submitted Must Be Made Available

by Farrell Fritz, P.C. on

New York’s Freedom of Information Law (“FOIL”) mandates that agencies make all “records” available for public inspection and copying, subject to certain exemptions. See, Public Officers Law. ...more

The 2017 Amendments to the Affordable Housing Land Use Appeals Act, General Statutes § 8-30g (Public Act 17-170)

by Shipman & Goodwin LLP on

Every year since 1990, when the Connecticut General Assembly first enacted the Affordable Housing Land Use Appeals Act, General Statutes § 8-30g, legislators have filed bills to repeal it, gut it, or substantially amend it. ...more

Unique, But Not Unusual: First District Affirms CEQA Exemptions and General Plan Consistency Finding For Three-Unit Infill Condo...

by Miller Starr Regalia on

While “agree[ing] with appellant that Telegraph Hill is outstanding and unique in a city of outstanding and unique places[,]” the First District Court of Appeal nonetheless affirmed the trial court’s order denying...more

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