News & Analysis as of

Land-Use Permits Real Estate Development

Houston Harbaugh, P.C.

Pennsylvania Supreme Court Determines That Zoning Officer Had Authority to Issue Zoning Use Permit, but the Practical Application...

In a July 17, 2024 Opinion, the Pennsylvania Supreme Court decided in AUUE, Inc. v. Borough of Jefferson Hills Zoning Hearing Board, No. 28 WAP 2022, ___ A.3d ___ (Pa. 2024), that the Pennsylvania Municipalities Planning Code...more

Otten Johnson Robinson Neff + Ragonetti PC

New Law Targets Legal Hurdles in Colorado Land Use Approvals

On May 30, 2024, Governor Jared Polis signed House Bill 24-1107 (HB24-1107) into law.  This bill implements two significant reforms applicable to legal challenges to land use approvals brought pursuant to Colorado Rule of...more

Harris Beach PLLC

NY Considers Faith-Based Affordable Housing Act to Address Housing Shortage

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The Housing Construction and Community Development Committee is currently considering the Faith-Based Affordable Housing Act (the “Act”), a new law allowing religious corporations or certain religious nonprofit corporations...more

Polsinelli

SCOTUS Decision May Limit Municipalities’ Ability to Collect Impact Fees

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In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...more

Perkins Coie

Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny 

Perkins Coie on

In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings...more

Holland & Knight LLP

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

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The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sheetz v. El Dorado County

On April 12, 2024, the United States Supreme Court decided Sheetz v. El Dorado County, No. 22-1074, holding that the Takings Clause “does not distinguish between legislative and administrative permit conditions,” but instead...more

Sullivan & Worcester

Zoning and Development Newsletter - January 2024

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Welcome to the Third Issue of Sullivan’s Zoning and Development Newsletter- This newsletter is a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide...more

Hinckley Allen

The New Year Brings New Land Use Court to Rhode Island

Hinckley Allen on

The Land Use Calendar will primarily cover appeals from decisions of local review boards such as zoning boards, appeals relating to development applications, and appeals from the enactment or amendment of zoning ordinances....more

Saiber LLC

SCOTUS Agrees to Hear Case Concerning the Scope of Constitutional Challenges to Land Use Permit Conditions

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The Supreme Court of the United States has agreed to hear Sheetz v. County of El Dorado, California, a case that concerns whether land use permit conditions in the form of monetary exactions created by legislation are...more

Ballard Spahr LLP

Supreme Court Case Will Clarify Constitutionality of Permit Exaction Fees

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Summary - The Supreme Court of the United States announced that it will hear a Takings Clause case under the Fifth Amendment that will clarify whether permit exaction fees authorized by legislation are exempt from the...more

Williams Mullen

The Virginia Supreme Court has made it easier for neighbors to challenge land use approvals - here’s why it matters.

Williams Mullen on

The concept of legal standing made headlines in high-profile U.S. Supreme Court cases this summer; but it is just as critical for cases in Virginia state courts. In the land use and real estate development context, the...more

Partridge Snow & Hahn LLP

New RI Legislation to Significantly Change Land Use Law and Development Process

The Rhode Island General Assembly recently passed a series of bills through both houses which were transmitted to the Governor for signature on June 19, 2023, commonly known as House Speaker Joseph Shekarchi’s housing...more

Coblentz Patch Duffy & Bass

City of Lafayette, Represented by Coblentz Patch Duffy & Bass, Prevails in Litigation Clarifying Relationship Between Housing...

In a decision partially published on November 30, 2022, Save Lafayette v. City of Lafayette, the First Appellate District Court of Appeal upheld the City of Lafayette’s approval of the Terraces of Lafayette (the “Project”), a...more

DarrowEverett LLP

If You Don’t Use It, You May Lose It: Land Development Approvals

DarrowEverett LLP on

Picture this scenario: You have a residential development project that had conceptual approval from the local Planning Board two years ago. Under the local laws that existed when you applied for your approval, you were...more

Bennett Jones LLP

Proptech and Decarbonization in Commercial Real Estate

Bennett Jones LLP on

Decarbonization in the commercial real estate sector is top of mind for building developers, owners and operators, as it has garnered increased policy momentum at all levels of government in Canada. Stakeholders must ensure...more

Sullivan & Worcester

Zoning and Development Newsletter - March 2023

Sullivan & Worcester on

Sullivan is pleased to release the first issue of its Zoning and Development Newsletter, a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide our...more

International Lawyers Network

Buying and Selling Real Estate in India (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate...more

Downey Brand LLP

Approval Upheld for Lafayette Affordable Housing Project Delayed for a Decade

Downey Brand LLP on

In a partially published opinion in Save Lafayette v. City of Lafayette (2022) 85 Cal.App.5th 842, the First District Court of Appeal upheld approval of an affordable housing project in the face of the third in a series of...more

Barnea Jaffa Lande & Co.

From Agricultural Lands to Business Projects: How to Overcome Challenges along the Way

Barnea Jaffa Lande & Co. on

Over the last decade, agricultural communities in Israel have become increasingly attractive. They are attractive for investors looking to invest in existing industries, as well as for entrepreneurs seeking to establish...more

Miller Starr Regalia

When Logic And Proportion Fall: Do Policy Objectives Override Common Rules Of Conveyancing For Conservation Easements?

Miller Starr Regalia on

The Second District Court of Appeal’s decision in Canyon Vineyard Estates I, LLC v. DeJoria sidesteps several potentially troublesome conveyancing issues by focusing on the statutory authorization for “conservation easements”...more

(ACOEL) | American College of Environmental...

A Tempest over Moosehead Lake

If you’ve never been to Moosehead Lake in northwestern Maine, you really should go. It’s a place of spectacular and unspoiled natural beauty. The lake is 48 miles long and 20 miles wide, surrounded by mountains. Jutting up...more

Lowndes

Governor DeSantis Signs Bill Increasing Acreage for “Small-Scale” Comprehensive Plan Amendments

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On June 29, 2021, Governor DeSantis signed into law HB 487, which increases the maximum acreage of a small-scale comprehensive plan amendment from 10 acres to 50 acres. It also increases the maximum acreage for a small-scale...more

Holland & Knight LLP

Court of Appeal Enforces Permit Streamlining Act in California Coastal Zone

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In Linovitz Capo Shores LLC v. Calif. Coastal Commission (Linovitz Capo), California's Fourth District Court of Appeal applied and reconciled three different statutes. The first, the California Mobilehome Parks Act...more

BCLP

Racial Equity Reports Required for Land Use Actions

BCLP on

On June 17, 2021, the New York City Council approved a local law (Intro No. 1572-B) that requires applicants (both City agencies and private applicants) for significant land use actions submitted on or after June 1, 2022 to...more

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