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Land Owners Municipalities

Bennett Jones LLP

Be Careful what you Agree to: Municipal and Planning Agreement Enforceability and the Potential for Perpetual Impacts on...

Bennett Jones LLP on

When are agreements entered into as part of the land use planning approval process an extension of that process, and therefore changeable through a future process, and when are they more akin to commercial contracts that will...more

Brownstein Hyatt Farber Schreck

Metro District Legislation, Lawsuits Could Radically Impact New Development in Colorado

For the second straight year, metropolitan district reform legislation is moving through the Colorado House of Representatives. If the proposed legislation passes—or if resident-controlled metropolitan district boards set new...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waterworks/Condemnation Proceedings: Arkansas Court of Appeals Addresses Applicable Statutory Authorities

The Arkansas Court of Appeals (“ACA”) addressed in a February 2nd Opinion an issue arising out of a municipality’s use of statutory condemnation authorities to construct a treated-water transmission line....more

Farrell Fritz, P.C.

Second Department Reverses Denial of Existing Use Application, Holds Landowner Has Prior Nonconforming Use in Property for Storage...

Farrell Fritz, P.C. on

In a recent decision, Matter of Labate v DeChance, the Second Department held that a landowner could continue to use his property to store construction equipment, despite a zoning ordinance prohibiting that type of use....more

Farrell Fritz, P.C.

Town Takes Trailer: Enforcing Zoning Ordinance against Unresponsive Violators

Farrell Fritz, P.C. on

In Town of Brookhaven v Golemi, 2019 NY Slip Op 51477(U) [Sup Ct, Suffolk County 2019], the Town of Brookhaven (“Brookhaven”) successfully sought and obtained injunctive relief to remove a structure that violated Brookhaven’s...more

Jackson Walker

Texas Legislative Update: New Laws Impacting Real Estate Developers and Builders

Jackson Walker on

More than 10,000 bills were filed during the 86th Texas legislative session. Some of the bills that were filed and ultimately signed into law specifically impact the real estate and construction industries. Below is a...more

Bowditch & Dewey

Appurtenant Railroad Land No Longer Impedes Development

Bowditch & Dewey on

MGL c. 40, section 54A provides that a municipality cannot issue a building permit to build a structure on land formerly used as a railroad right-of-way or any property appurtenant thereto formerly used by any railroad...more

Brownstein Hyatt Farber Schreck

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more

Best Best & Krieger LLP

Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”

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California Court Decision Rules on Mello-Roos Community Facilities Act of 1982 - Community Facilities Districts formed by a landowner vote may be used to finance increased demand on pre-existing services, a California...more

Bond Schoeneck & King PLLC

Locating Utilities – When Municipal Consent is Not Enough

Over the last decade, there have been numerous class actions regarding telecommunication companies’ use of railroad easements. In many of those cases, the telecommunication companies obtained permission from the railroad...more

Genova Burns LLC

New Jersey Legislature Approves Cluster Development Bill

Genova Burns LLC on

The New Jersey Senate yesterday gave final legislative approval to legislation that amends the Municipal Land Use Law (MLUL) to expand authorization for the use of cluster developments. The legislation, S2608 (Senators Van...more

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