News & Analysis as of

Urban Planning & Development Due Process

Farrell Fritz, P.C.

Fourth Department Frenzy: Reversionary Zoning, Sewer Agreements, Site Plan Review, and Constitutional Rights

Farrell Fritz, P.C. on

In Riedman Acquisitions, LLC v Town Bd. of Town of Mendon, 194 AD3d 1444, 2021 NY Slip Op 02952 [4th Dept 2021], the Appellate Division, Fourth Department, addressed several significant issues concerning land development...more

Womble Bond Dickinson

Looking Past the Pandemic: Local Government Quasi-Judicial Proceedings

Womble Bond Dickinson on

In this next part of our “what’s next” in North Carolina land use series we look at public meetings, which are an essential part of land use permitting.  In particular, we look at quasi-judicial proceedings past the pandemic....more

Holland & Knight LLP

California Court Issues First Decision Addressing SCEA Environmental Review

Holland & Knight LLP on

• Sacramentans for Fair Planning v. City of Sacramento is a case of first impression holding that cities and counties may continue to rely on the streamlined environmental review under the California Environmental Quality Act...more

Perkins Coie

Court Upholds Los Angeles’s Venice Sign-Off Procedure Against Due Process and Coastal Act Challenges

Perkins Coie on

An appellate court held that the City of Los Angeles’s procedure for approval or denial of development projects in Venice did not violate residents’ due process rights because the procedure was ministerial. Coalition to...more

Miller Starr Regalia

Court Rejects Citizens Group’s Challenge to Venice Development Permitting Process

Miller Starr Regalia on

“Out here, due process is a bullet!” – John Wayne - As a general principle, the federal and state constitutions prohibit governmental entities from depriving persons of property without due process of law....more

Robinson+Cole RLUIPA Defense

Islamic Community Center Denied Variance Needed to Operate Mosque; Files Lawsuit Against Michigan City

Earlier this month, an Islamic community center filed suit against the City of Troy, Michigan (“City”) after the City denied the group’s application for a variance needed to operate a mosque at the property it owns in the...more

Brownstein Hyatt Farber Schreck

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more

Best Best & Krieger LLP

Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”

Best Best & Krieger LLP on

California Court Decision Rules on Mello-Roos Community Facilities Act of 1982 - Community Facilities Districts formed by a landowner vote may be used to finance increased demand on pre-existing services, a California...more

Best Best & Krieger LLP

Court of Appeal Clarifies Requirements for Public Input on Development Agreements

Due process rights to notice and a public hearing for those who may be affected do not apply to a public agency’s consideration of approval of a development agreement, an appellate court has ruled. In addition, the First...more

Womble Bond Dickinson

Land Use Treats: Judicial Treatment of Landfills and Strip Clubs

Womble Bond Dickinson on

It's the summer, and it's hot. It's been 90-plus all week in Raleigh and my phone tells me there is no chance of a cooling today or tonight. I thought we'd take this chance to dip into something a little different,...more

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