Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more
Most developers are familiar with the notion that under California’s Subdivision Map Act, the vesting tentative map statutes provide a way of fixing a developer’s rights. Put simply, obtaining a vesting tentative map allows...more
When a tract of land is governed by both a vesting tentative map and a subsequent development agreement and the terms of the two documents conflict, the development agreement controls. North Murrieta Community v. City of...more
The California Court of Appeal, Fourth Appellate District, issued a published decision (North Murrieta Community, LLC v. City of Murrieta, Case No. E072663) on June 8, 2020, that addressed how inconsistencies can arise...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
This week the General Assembly of North Carolina provided some relief to developers with active development approvals. Pursuant to Senate Bill 704, signed into law on May 4, 2020 (the "Act"), the expiration of those...more
While all of us are still firmly entrenched within the early stages of the global response to the COVID-19 global pandemic, I’m already thinking about “what’s next”. The land use world must roll on, after all, but it must do...more
Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial...more
Sometimes called a “case of the race,” the common law doctrine of vested rights is “one of the most troublesome areas of land use regulation.” Exeter Building Corp v Town of Newburgh, 114 AD3d 774 [2d Dept 2014]....more
Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more
On June 23, 2016, in Stewart Enterprises, Inc. v. City of Oakland, __ Cal.App.4th __ (2016) (Case No. A143417), the Court of Appeal for the First Appellate District issued an important decision dealing with whether a new...more
CEQA and land use law in California go together like a hand in a glove. Due to CEQA’s broad scope and exacting substantive and procedural requirements, it is relatively easy to plead a cause of action for CEQA violations in...more