News & Analysis as of

Zoning Laws

Whitman Legal Solutions, LLC

Accessorizing your Violin and Your Real Estate

What are Accessory Structures? Real estate can have “accessories” too. A homeowner may construct a gazebo or storage shed to “accessorize” their home. Owners of an apartment complex might construct carports or a swimming...more

Farrell Fritz, P.C.

Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level

by Farrell Fritz, P.C. on

The Breakers Motel has been a fixture in Montauk since the 1950’s. Situate at 769 Old Montauk Highway, Montauk New York, the motel has 26 units, a pool and restaurant and is located across the street from the ocean....more

Robinson+Cole RLUIPA Defense

Court Denies Summary Judgment in “Integral Yoga” RLUIPA Dispute in Hawaii

Back in 2015, we first reported about a RLUIPA case pitting the County of Maui, Hawaii against practitioners of “Integral Yoga”....more

Fox Rothschild LLP

Applicants Beware Of Timelines On Zoning Decisions

by Fox Rothschild LLP on

In many cases, a Zoning Hearing Board will impose certain conditions on the grant of a variance or special exception. A condition of such approval could include a time limit as to when the applicant is required to obtain all...more

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

by Holland & Knight LLP on

• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more

Miller Starr Regalia

Second District Applies CEQA’s “Subsequent Review” Rules to Uphold EIR Addendum for Revised Target Superstore Project Including...

by Miller Starr Regalia on

In a lengthy published opinion filed August 23, 2018, the Second District Court of Appeal reversed the trial court’s judgment, and upheld the City of Los Angeles’ addendum to a prior project-level EIR for a Target Superstore...more

Nutter McClennen & Fish LLP

In the Zone: A Primer on Land Use: Insights from Nutter’s Matt Snell

Land use law is a broad term that can encompass a wide range of federal, state, and municipal laws governing the development and use of property. In Massachusetts, the development of property is regulated in large part...more

Miller Starr Regalia

California Supreme Court Confirms That Referendum Petition Can Challenge Zoning Intended to be Made Consistent with General Plan

by Miller Starr Regalia on

On August 23, 2018, the California Supreme Court held, in City of Morgan Hill v. Bushey, __ Cal.4th __ (2018) (Case No. S243042), that a referendum petition to challenge a zoning ordinance amendment that would bring the...more

Allen Matkins

California Supreme Court Upholds Referendum Challenges to Zoning Amendments, Even When Temporary Zoning Inconsistencies Ensue

by Allen Matkins on

The California Supreme Court held last week that a referendum petition may be used to challenge a zoning ordinance amendment intended to make a city's zoning consistent with its general plan. In City of Morgan Hill v. Bushey...more

Foley Hoag LLP

Foley Hoag Secures Victory for City of South Portland in Lawsuit Challenging its Clear Skies Ordinance

by Foley Hoag LLP on

Federal Court Rules Statute Banning the Bulk Loading of Crude Oil Is Constitutional - Foley Hoag LLP successfully represented the City of South Portland, Maine in a federal lawsuit aiming to overturn the City’s Clear Skies...more

Farrell Fritz, P.C.

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

by 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

Fox Rothschild LLP

Special Exception

by Fox Rothschild LLP on

The Commonwealth Court of Pennsylvania recently confirmed the standards by which an applicant can obtain a special exception to expand a nonconforming use on its property. In Mercy v. Zoning Hearing Board of Cross Roads,...more

Cozen O'Connor

The New York Note - August 2018

by Cozen O'Connor on

This Week in New York – Commissioner of the New York City Department of Health and Mental Hygiene Steps Down, Executive Director of New York City Department of City Planning Steps Down, Rezoning of Inwood Section of Manhattan...more

Womble Bond Dickinson

What Can the Local Government Do About This Land Use Ordinance Violation?

by Womble Bond Dickinson on

We spend a lot of time in this space talking about land use ordinances. But what about the tools deployed in the event of a violation of those ordinances? State law provides that municipal and county governments may avail of...more

Sands Anderson PC

Time for Localities to Enter the Era of Airbnb

by Sands Anderson PC on

It is a new world in local government land use… following the recent state legislation allowing registries to be established, localities are wise to adopt regulations on Airbnb and VRBO and similar short stay uses....more

Sands Anderson PC

2018 Legislative Update: New Laws Impacting Commercial Real Estate Clients

by Sands Anderson PC on

Below is our annual update on legislative changes impacting the real estate industry. All common interest communities are based on a foundation of real estate law, and thus changes to these laws can often impact common...more

Harris Beach PLLC

Federal Aviation Administration Announces that Municipalities May Not Regulate Airspace — Even for Drones

by Harris Beach PLLC on

The Federal Aviation Administration (FAA) recently issued a press release clarifying the abilities of municipalities to regulate drone operations in the navigable airspace. State and local governments "are not permitted to...more

Best Best & Krieger LLP

[WEBINAR] Creating an Accessible City

by Best Best & Krieger LLP on

This webinar by Best Best & Krieger LLP Partner Michael Maurer covers the basic requirements of the Americans with Disabilities Act as it relates to public facilities, with an emphasis on the public right of way. Michael...more

Tucker Arensberg, P.C.

Gorsline Case Encourages Municipalities to Regulate Drilling via Zoning Ordinance

by Tucker Arensberg, P.C. on

On June 1, 2018, the Pennsylvania Supreme Court issued an opinion in Gorsline v. Bd. of Sup. of Fairfield Twp., which stressed the importance of municipalities’ zoning ordinances stating explicitly where oil and gas drilling...more

Allen Matkins

Sustainable Development Update - July 2018 #2

by Allen Matkins on

Sustainable Development Focus - California Democratic Party endorses rent control expansion - CURBED SAN FRANCISCO - Jul 16 On Sunday, the California Democratic Party endorsed Proposition 10, a November 6 ballot...more

Pepper Hamilton LLP

NJ Court Rules Incomplete Development Application Not Protected by Time of Application Rule

by Pepper Hamilton LLP on

The New Jersey Legislature amended the Municipal Land Use Law (MLUL) in 2011 to replace the former “time of decision rule” with what is commonly referred to as the “time of application rule” (the TOA Rule). N.J.S.A....more

Robinson+Cole RLUIPA Defense

Second Circuit: Islamic Group’s RLUIPA Claims Not Ripe Under Williamson County

The Second Circuit recently issued a Summary Order in Islamic Community Center for Mid Westchester v. City of Yonkers Landmark Preservation Board (2d Cir. 2018) detailing what zoning relief a plaintiff must seek at the local...more

Farrell Fritz, P.C.

How Not To Fix A Failure To Refer A Land Use Matter To The Planning Commission

by Farrell Fritz, P.C. on

General Municipal Law §239-m requires that before taking action on a land use application, a municipal agency like a Zoning Board of Appeals or Planning Board must refer the application to a county or regional planning...more

Stroock & Stroock & Lavan LLP

Co-ops and Condos: Update on Balcony Enclosures and Rooftop Use

Stroock partner Eva Talel discusses updated information on balcony enclosures and rooftop use. This article features an important policy clarification regarding Local Law 11 inspections of balcony enclosures and updated...more

Perkins Coie

Court Rejects Interpretation of Medical Marijuana Collective as a “Medical Office” under City’s Zoning Code

by Perkins Coie on

The Sixth District Court of Appeal has held that a medical marijuana collective is not a “medical office” as defined in San Jose’s Municipal Code. J. Arthur Properties, II, LLC v. City of San Jose, 21 Cal. App. 5th 480...more

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
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Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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