News & Analysis as of

Vested Rights Doctrine Land Developers

Perkins Coie

2020 Land Use and Development Case Summaries

Perkins Coie on

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

Patton Sullivan Brodehl LLP

A Development Agreement Is A Contract And Can Alter Map “Vested Rights”

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

Perkins Coie

Development Agreement, Not Vesting Tentative Map, Governed Whether New Fees Applied to Project

Perkins Coie on

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

Holland & Knight LLP

California Court Resolves Inconsistencies Between "Vested Rights" and a Development Agreement

Holland & Knight LLP on

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

Troutman Pepper

NJ Supreme Court Rules No Public Health And Safety Ordinance Exception To Vested Rights Of Final Land Use Approvals

Troutman Pepper on

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

Ward and Smith, P.A.

North Carolina Extends Certain Real Property Development Approvals

Ward and Smith, P.A. on

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

Womble Bond Dickinson

Looking Past the Pandemic: Extensions of Development Permits and Statutory Vested Rights

Womble Bond Dickinson on

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

Jackson Walker

A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

Jackson Walker on

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

Farrell Fritz, P.C.

Vested Rights – Court of Appeals Update

Farrell Fritz, P.C. on

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

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - August 2016

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

Miller Starr Regalia

Vested Rights Conferred Under Local Ordinance Trump Conditional Use Permit Requirement Later Imposed by Emergency Ordinance

Miller Starr Regalia on

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

Miller Starr Regalia

When CEQA Violations Are An Afterthought: Fourth District Upholds Trial Court’s Independent Judgment Determination That City Of...

Miller Starr Regalia on

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

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