News & Analysis as of

Zoning Laws

Developer-Buyer Beware: Calling Assumed Improvement Bonds In North Carolina Can Be Complex

by Womble Bond Dickinson on

In 2007, Developer Clarion-Reames, LLC (“Clarion”) sought to construct a residential housing development in Charlotte, North Carolina. Clarion received final approval from the City to record plats for Phase I section of the...more

Housing Choice Initiative

by Bowditch & Dewey on

Housing Choices, Housing Development On Monday, December 11, 2017, the Baker Administration announced the Housing Choice Initiative, which is intended to increase housing development in Massachusetts. The Initiative intends...more

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

by Womble Bond Dickinson on

A partner of mine in New York used to say, “Few things can’t be undone in litigation.” I didn’t agree. A recently-decided case, following on less-recently-decided authority, from the North Carolina Court of Appeals reveals...more

Out is Now In – Understanding the Outparcel Trend and Potential Pitfalls

During the last several years, we have noticed a trend in the world of retail development. More and more “big-box” retail companies are carving out parts of their parking lots to create new outparcels. To understand the...more

Huntington Beach Specific Plan Exempt From General Plan Consistency Requirement

by Miller Starr Regalia on

American humorist Will Rogers once quipped, “The minute you read something that you can’t understand, you can almost be sure it was drawn up by a lawyer.” There are, of course, many other similarly amusing criticisms of...more

New Legislation Limits Government Zoning Regulations

by Ruder Ware on

New legislation has been signed by Governor Walker that limits the ability of local governments to control certain zoning regulations and requires greater flexibility in the approval of conditional use permits. Under 2017...more

Mass. SJC Says Chapter 40B Doesn’t Authorize Override Of Municipally-Held Property Restriction

by Pierce Atwood LLP on

In its recent decision in 135 Wells Avenue, LLC v. Housing Appeals Committee (pdf), the Massachusetts Supreme Judicial Court (SJC) confirmed that a property restriction held by a municipality cannot be overridden by the...more

The Codextrain has reached its final destination

by DLA Piper on

After a few stops and after being put on a side track for a while, today the "Codex train" has reached its final destination during the plenary session of Flemish Parliament....more

No Shortcuts At Special Exception And Conditional Use Hearings

by Fox Rothschild LLP on

Many times, at hearings to obtain either special exceptions or conditional use approvals, applicants, for one reason or another, are under the impression that they simply have to call one or two witnesses to confirm, in a...more

Alleging and Proving Standing to Challenge Rezoning

by Womble Bond Dickinson on

In the recently-decided Cherry Community Organization v. City of Charlotte, the North Carolina Court of Appeals determines that standing to bring a declaratory judgment action challenging a rezoning requires both allegations...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

by Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

Murr Epilogue: Wisconsin Lawmakers Pass “Homeowners Bill of Rights,” Effectively Reversing Flawed U.S. Supreme Court Decision

by Miller Starr Regalia on

Early last summer the U.S. Supreme Court released its long-awaited, and deeply flawed decision in Murr v. Wisconsin, __ U.S. __ (2017). We wrote about this unfortunate new takings case here and in “Missed Opportunity In...more

City’s Refusal to Permit Private Religious School in Business District Does Not Violate RLUIPA

A federal court has issued another decision in the longstanding RLUIPA battle between the City of Upper Arlington, Ohio (“City”) and Tree of Life Christian Schools (“TLC”). For a second time, a federal court in the Southern...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

Henrico County, Va., Moving to Modernize Zoning and Subdivision Regulations

by McGuireWoods LLP on

In April 2017, Henrico County, Virginia, initiated an update of its zoning and subdivision ordinances to make the regulations more user-friendly and to better implement the county’s Vision 2026 Comprehensive Plan. The update...more

Facial challenge to Chicago parking standard fails

“When is a church like a library?,” the District Court for the Northern District of Illinois recently asked. Immanuel Baptist Church (the “Church”) hoped to continue operations in a Chicago neighborhood when, in 2016, 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

Federal Oversight of Zoning within the Fire Island National Seashore

by Farrell Fritz, P.C. on

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about...more

Warrington Township, Bucks County

by Fox Rothschild LLP on

On November 2, 2017, at 7:30 p.m., the Warrington Township Planning Commission intends to review an updated Comprehensive Plan for the Township. After this Comprehensive Plan is reviewed by the Planning Commission, it will...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

Bellevue’s Downtown Livability Initiative

Nearly five years after the Bellevue City Council commenced the Downtown Livability Initiative, the Council brought the initiative full circle by unanimously adopting a substantially revised, 190-page downtown land use code....more

No Homeless in the Historic District?

A church has filed suit against the City of Davenport, Iowa (the “City”), after the City issued it a Cease and Desist Order (the “Order”) prohibiting the service of meals to the homeless, alleging violations of RLUIPA’s...more

Governor Brown Signs Major Housing Package Into Law

by Coblentz Patch Duffy & Bass on

On September 29, 2017, Governor Brown signed into law a 15-bill housing package. The housing package did not include AB 915, which would have authorized the City and County of San Francisco to impose local inclusionary...more

Can I Park Here? Second Department Takes the Driver’s Seat in Recent Parking Cases

by Farrell Fritz, P.C. on

Last month, the Appellate Division, Second Department, issued two interesting opinions concerning parking. One involved a parking variance and the other involved a restrictive covenant....more

Newark Residential Developers: New Affordable Housing Requirement May Cost You

by McCarter & English, LLP on

Developers of new residential projects in Newark may need to factor in affordable housing following the Newark City Council’s recent adoption of a zoning ordinance requiring most future residential development projects...more

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