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Urban Planning & Development Local Ordinance Appeals

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

State Density Bonus Law Does Not Require Applicants to Demonstrate Economic Feasibility of Project When Requesting Incentives

Perkins Coie on

A Court of Appeal held that the state’s density bonus law (Gov’t Code § 65915) does not require applicants to submit financial information to support requests for incentives or waivers and preempted a city ordinance that...more

Perkins Coie

Violation of Zoning Ordinance Limiting Medical Marijuana Cultivation Did Not Justify Seizure of Dispensary’s Medical Marijuana

Perkins Coie on

The Sixth District Court of Appeal held that a medical marijuana dispensary could recover its marijuana plants seized by law enforcement, finding that violation of the ordinance did not render medical marijuana plants...more

Perkins Coie

CEQA Year in Review 2019

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...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

Farrell Fritz, P.C.

Dog Training Business is Not a “Customary Home Occupation” According to Upstate NY Town

Farrell Fritz, P.C. on

A recent Fourth Department decision upheld a determination by the Town of Westmoreland Zoning Board of Appeals (the “Westmoreland ZBA” or the “Board”) finding that a dog training business is not a “customary home occupation”...more

Best Best & Krieger LLP

Court Upholds Approval Of Superstore Zoning Ordinance - California Appellate Court Supports The Broad Use Of CEQA Addenda

In a victory for public agencies, a California appellate court ruled that, when an agency has prepared an environmental impact report for a project under the California Environmental Quality Act that is relevant to a...more

Farrell Fritz, P.C.

The Domain of Interpreting Zoning Ordinance: “Resort” to the Zoning Board of Appeals

Farrell Fritz, P.C. on

In opposing Crossroad Ventures, LLC’s (“Crossroad Ventures“) endeavor to construct a vacation resort partially within the Town of Shandaken, (“Town“), grassroots preservation organization Catskill Heritage Alliance, Inc....more

Tonkon Torp LLP

Portland's Fossil Fuel Terminal Ban Upheld by Court of Appeals

Tonkon Torp LLP on

On January 4, 2018, the Oregon Court of Appeals issued its decision[1] in the case brought by Petitioners Columbia Riverkeeper, Portland Audubon Society, and Center for Sustainable Economy, among others, to attempt to uphold...more

Snell & Wilmer

Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances...

Snell & Wilmer on

In Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board of...more

Holland & Knight LLP

California Appellate Court Upholds Negative Declaration for County "Up-Zoning" Ordinance - Aptos Council v. County of Santa Cruz...

Holland & Knight LLP on

Aptos Council v. County of Santa Cruz ruling also clarifies CEQA "Piecemeal" Doctrine - The Sixth District Court of Appeal's recent decision in Aptos Council v. County of Santa Cruz provides useful California...more

Farrell Fritz, P.C.

Fair Play in Granting Area Variances on the Tennis Court and in the Judicial Court

Farrell Fritz, P.C. on

The orientation of a tennis court in a north/south direction is a benefit to competitive players interested in fair tennis play. Even the Appellate Division, Second Department, agrees. To avoid the impact of sun glare, a...more

Best Best & Krieger LLP

Billboards in Unincorporated Areas of California Subject to City, County Regulations

Many of California’s roadways are littered with advertising. A question regarding oversight of roadside billboards, however, has long remained: Does the state have ultimate control or can municipalities weigh in on...more

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