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Urban Planning & Development Constitutional Challenges

Coblentz Patch Duffy & Bass

Supreme Court Impact Fee Decision Creates Opportunities for Developers and Property Owners

On April 12, 2024, the United States Supreme Court issued an opinion that may significantly affect how development impact fees are assessed in California. In Sheetz v. County of El Dorado, the Court unanimously held that...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - April 2023, Volume II, Issue II

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FEATURED ARTICLE - Efforts clauses are common in commercial agreements, including those involving real estate. Where one or both parties cannot guarantee a particular outcome, efforts clauses attempt to qualify obligations....more

Allen Matkins

Sustainable Development and Land Use Update - March 2021

Allen Matkins on

Justice Department to appeal judge’s order on eviction moratorium - Los Angeles Times – February 27 - The Justice Department will appeal a judge’s ruling that found the federal government’s eviction moratorium to be...more

Bilzin Sumberg

Counties Beware: Florida Supreme Court Strikes Down Charter Amendment Implementing Transportation Tax

Bilzin Sumberg on

In a case that should serve as a warning to all Florida counties, the Florida Supreme Court recently struck down a voter-approved Hillsborough County charter amendment that created a 30-year, one-percent sales tax that could...more

Farrell Fritz, P.C.

Suffolk County Trap And Skeet Range May Be Silenced By Town Noise Ordinance

Farrell Fritz, P.C. on

BANG! Yaphank, New York.  In November 2019, after years of protracted ligation, Hunter Sports Shooting Grounds, Inc., (“HSSG”) the operator of the Suffolk County Skeet, Trap & Sporting Clays Range (“Range”), was dealt another...more

Farrell Fritz, P.C.

Constitutional Challenges to Zoning Subject to Very High Standard

Farrell Fritz, P.C. on

A recent Supreme Court decision, In the Matter of Preserve Our Brooklyn Neighborhoods v. City of New York, demonstrates the difficulty a litigant faces when challenging a zoning determination on constitutional grounds. ...more

Carlton Fields

Hillsborough County Voters Pass Transportation Surtax – And Now It’s June…

Carlton Fields on

In November 2018, more than 57 percent of Hillsborough County voters approved the imposition of a 1 percent sales tax designed to improve the county’s transportation infrastructure and transit service. The tax, enacted...more

Robinson+Cole RLUIPA Defense

Islamic Community Center Denied Variance Needed to Operate Mosque; Files Lawsuit Against Michigan City

Earlier this month, an Islamic community center filed suit against the City of Troy, Michigan (“City”) after the City denied the group’s application for a variance needed to operate a mosque at the property it owns in the...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

Bricker Graydon LLP

Citizen-initiated charter amendment results in costly penalty for city

Bricker Graydon LLP on

Citizen-initiated ballot issues are the cornerstone of our democracy, but one Ohio city found itself in an untenable position at the end of a three-year legal battle that included multiple trips to the board of elections, the...more

Tonkon Torp LLP

Portland's Fossil Fuel Terminal Ban Upheld by Court of Appeals

Tonkon Torp LLP on

On January 4, 2018, the Oregon Court of Appeals issued its decision[1] in the case brought by Petitioners Columbia Riverkeeper, Portland Audubon Society, and Center for Sustainable Economy, among others, to attempt to uphold...more

Best Best & Krieger LLP

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

Best Best & Krieger LLP on

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

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