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Real Estate Development Zoning Laws

Holland & Knight LLP

California Legislature Passes Major Reforms for "Builder's Remedy" Projects

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California law requires cities and counties to regularly plan for new housing development and to prepare and adopt housing elements that formalize these plans. For those cities and counties that fail to adopt housing elements...more

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

Lowndes

Office of the Attorney General Releases Informal Opinion Shedding Light on the Meaning of “Mixed Use” Zoning Districts Under Live...

Lowndes on

The Live Local Act (Act), originally passed on March 29, 2023, was modified by SB328 on May 16, 2024. While the Act has been heralded as a solution to Florida’s affordable housing shortage, it has faced roadblocks since its...more

Nutter McClennen & Fish LLP

Changes to 40B and Affordable Housing Preferences for Veterans: What You Need to Know About the 2024 Massachusetts Affordable...

The new Affordable Homes Act revised Section 22 of Chapter 40B, part of the comprehensive permit law, to require the Housing Appeals Committee to notify the Secretary of the Executive Office of Housing and Livable Communities...more

Bricker Graydon LLP

[Event] Uniting for Action in Northwest Ohio: A Discussion on Collaborative Solutions for Ohio's Housing Crisis - August 28th,...

Bricker Graydon LLP on

Session: Incentivizing Housing Development in Northwest Ohio: Finding Opportunities and Overcoming Barriers - Overview of Statewide market conditions for housing development & how to build successful public-private...more

Venable LLP

Green Fast Track for Housing Rule to Streamline Residential Development in NYC

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As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule...more

Carlton Fields

Zoning Appeals: Have We Been Doing This Wrong for 30 Years?

Carlton Fields on

Since the end of 1993, Florida land use and zoning lawyers have been taught the basics: a rezoning hearing is quasi-judicial in nature and appeals of the decision go to circuit court on certiorari review. Why is this? Because...more

Nutter McClennen & Fish LLP

Significant Changes to Statutory Process for Zoning Appeals: What You Need to Know About the 2024 Massachusetts Affordable Housing...

The Massachusetts Affordable Homes Act (H. 4977), signed into law on August 6, 2024, makes several significant changes to the statutory provisions governing appeals from zoning decisions under G.L. c. 40A, § 17. Where...more

Holland & Knight LLP

Ivy City: Draft Small Area Plan Released for Public Comment

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The Office of Planning (OP) has worked with Ivy City residents, community stakeholders and Washington, D.C., government agencies to develop the Ivy City Small Area Plan (ICSAP). Ivy City is a historically Black neighborhood...more

Farrell Fritz, P.C.

Friend of the Shawangunks v. Town of Gardiner Planning Board: Litigation Concerning a Popular Outdoor Recreation Area Prompts the...

Farrell Fritz, P.C. on

OVERVIEW - The Shawangunk Ridge is a cluster of bedrock in upstate New York popular for its scenery and outdoor recreation. The Town of Gardiner’s (“Gardiner”) Shawangunk Ridge Protection District (“SRPD”) protects the...more

Sheppard Mullin Richter & Hampton LLP

Big Streamlining for Small Subdivision Developers

To address the housing crisis in California, Senate Bill 684 (SB 684), passed in 2023 but effective as of July 1, 2024, aims to simplify the approval process for small-scale for-sale housing projects, facilitate a quicker...more

Lowndes

Osceola County Considers 90-Day Moratorium on Residential Development Rezoning Applications

Lowndes on

The Osceola Board of County Commissioners is proposing a 90-day county-wide moratorium on applications that would allow residential development on land zoned for non-residential uses, among other restrictions. The proposed...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup (6/26/24) – Construction Growth in Office and Data Center Sectors, Slight Ease in Consumer...

In our latest roundup, U.S. interest rates remain uncertain, construction firms continue to use artificial intelligence, New York City updates commercial zoning regulations, and more!...more

Perkins Coie

UCSF Hospital Project Was Exempt From Local Land Use Regulations Even If Not Pursued Solely For Governmental Purposes

Perkins Coie on

Project opponents were unable to state a claim against the Regents of the University of California based on allegations that a new hospital at the University of California, San Francisco campus would violate local land use...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

Bowditch & Dewey

Abutter’s Diminution in Property Value Argument Found Insufficient to Confer Standing to Challenge Special Permit for Research and...

Bowditch & Dewey on

In Pobeda RT II, LLC v. Zoning Bd. of Appeals of Watertown, 104 Mass. App. Ct. 250 (2024), the Court of Appeals confirmed the longstanding holding that “diminution in property value is an insufficient basis for standing...more

Fox Rothschild LLP

Decision Clarifies Role of Zoning Officers in Determinations

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A recent Commonwealth Court decision answers two important questions about how zoning officers function under Pennsylvania law: (1) whether verbal statements from a zoning officer can serve as official “determinations” or...more

Fox Rothschild LLP

Court Holds Character of Neighborhood and Zoning District Is an Objective, Not Subjective Standard

Fox Rothschild LLP on

In a ruling that reinforces the importance of neighborhood compatibility in zoning decisions, the Pennsylvania Commonwealth Court upheld the denial of a special exception for a proposed gun range. In Cogan Properties, LLC v....more

Shutts & Bowen LLP

Orange County Proposes Temporary Suspension Ordinance on New Development Applications

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Orange County (the “County”) proposed a Temporary Suspension Ordinance (the “Ordinance”) which would defer decisions on development applications within the County’s unincorporated areas....more

Verrill

Massachusetts’ Mandated Multi-Family Zoning Moves Forward, But Some Towns Resist

Verrill on

Town Meetings across Massachusetts are voting on zoning bylaws that would encourage multi-family housing. According to Section 3A of the Zoning Act, passed in 2021, 177 cities and towns near MBTA transit must ensure that...more

Goodwin

Top NYC Developer Shares Three Keys to Successful Office Conversions

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The pandemic-driven rise in remote work has created a big opportunity for real estate developers to turn empty offices into apartments, condos, and other types of housing....more

ArentFox Schiff

Money Trees (and Office Greens): Why Real Estate Developers are Transforming Vacant Office Spaces into Trendy Urban Farms

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Welcome to the trendy revolution of urban farming. Three years ago, Washington, DC, Mayor Muriel Bowser unveiled a plan to transform vacant office buildings in downtown DC into residential properties with hopes of creating a...more

Venable LLP

Two Northern Virginia Counties Are Tightening Their Data Center Regulations

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Fauquier County and Fairfax County are tightening zoning regulations for data center developments. In March, the Fauquier County Board of Supervisors approved zoning changes for the Vint Hill area's Planned Commercial...more

Allen Matkins

Sustainable Development and Land Use Update 3.19.24

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The Los Angeles Superior Court issued a highly anticipated ruling on March 4, 2024, addressing a Builder’s Remedy project denial by the City of La Cañada Flintridge. The decision confirms (i) that a local jurisdiction cannot...more

Holland & Knight LLP

Florida's Live Local Act Tax Exemption Deadline Looms

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Florida's 2023 Live Local Act provides significant land use, zoning and tax benefits. (See Holland & Knight's previous alerts, "Florida's New Live Local Act Offers Land Use and Tax Benefits," Aug. 8, 2023, and "Florida's Live...more

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