News & Analysis as of

Zoning Laws Appeals

Perkins Coie

Enforcement Authority Cannot Be Used to Revisit Zoning Decisions

Perkins Coie on

A Court of Appeal held that a municipal regulation concerning enforcement of zoning laws did not provide a legal basis to challenge a city planning department’s past zoning decisions. San Pablo Ave. Golden Gate Improvement...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

Sullivan & Worcester

Clarifying the Availability of Zoning Appeal Bonds in Boston

Sullivan & Worcester on

On July 20, 2024, the Massachusetts Supreme Judicial Court (“SJC”) decided Shoucair v. Board of Appeal of Boston, 494 Mass. 319 (2024), which clarified the standard for imposing a bond on a party who appeals the grant of...more

Pierce Atwood LLP

Breaking: Mass. high court confirms that in Boston, zoning appeal bond can be required without finding of bad faith or malice

Pierce Atwood LLP on

In its decision this morning in Shoucair v. Board of Appeal of Boston, the Supreme Judicial Court (SJC) held that in court appeals under § 11 of the Boston Zoning Enabling Act (Section 11), the trial judge can require the...more

Perkins Coie

Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum

Perkins Coie on

The court of appeal held that a City Council resolution approving a development agreement that included policy decisions regarding development of a public park was a legislative act subject to referendum. Move Eden Housing v....more

Perkins Coie

Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific...

Perkins Coie on

Petitioner’s challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the...more

Sullivan & Worcester

Zoning and Development Newsletter - January 2024

Sullivan & Worcester on

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

Cozen O'Connor

Policy Alert: Bill Would Provide Legal Protection for RCOs to Sue Developers

Cozen O'Connor on

Last week, legislation was introduced in Philadelphia City Council that, if passed, would secure Registered Community Organizations (RCOs) legal protection from the city for their involvement in zoning matters. The bill was...more

Downey Brand LLP

Court of Appeal Finds Substantial Evidence Supports City’s Use of Statutory Exemption to Approve a Zoning Overlay District For...

Downey Brand LLP on

In Lucas v. City of Pomona (2023) 92 Cal.App.5th 508, the Second District of the Court of Appeal affirmed the trial court’s decision that the City of Pomona’s (“City”) application of the statutory exemption under CEQA...more

Davis Wright Tremaine LLP

Circuits Apply 'California Payphone' Standard to Contrasting Wireless and Wireline Cases

Two recent decisions issued this summer by different United States Courts of Appeals interpreting Sections 253 and 332 of the Communications Act demonstrate the continuing uncertainty carriers face when challenging state and...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

Sullivan & Worcester on

Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

DarrowEverett LLP

Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

DarrowEverett LLP on

Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more

Beveridge & Diamond PC

Land Court Lacks Jurisdiction over Administrative Licensing Related to Zoning Appeal

Beveridge & Diamond PC on

In Bask, Inc. v. Municipal Council of Taunton, 490 Mass. 312 (2022), the Massachusetts Supreme Judicial Court (SJC) addresses the limits of the equitable authority of the Massachusetts Land Court to “make such other decree as...more

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

Solar Energy System/Access Road: Massachusetts Appellate Court Addresses Zoning Issue

The Supreme Judicial Court of Massachusetts (“Court”) addressed in a June 2nd Opinion application of the City of Waltham, Massachusetts, (“Waltham”) zoning code to the construction of a solar energy system. See 2022 WL...more

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

Soil Importation/Gravel Quarry: Massachusetts Appellate Court Addresses Zoning Issue

The Appeals Court of Massachusetts (“Court”) addressed in a May 13th Opinion the interpretation of certain zoning laws to the importation of soil (which included some man-made materials). See Immanuel Corp. v. Zoning Board of...more

Pierce Atwood LLP

Appeals Court Excuses City’s Notice-by-Mail Fail

Pierce Atwood LLP on

Today the Appeals Court decided Markham v. Pittsfield Cellular Telephone Company (pdf), holding that the 90-day appeal period under M.G.L. c. 40A, § 17 for zoning appeals alleging procedural defects is not tolled where a...more

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

Community Solar Farm/Zoning: Minnesota Appellate Court Addresses Conditional Use Denial

The Court of Appeals of Minnesota (“Appellate Court”) addressed in a May 9th Opinion an appeal of a decision by the Stearns County Board of Commissioners (“Commissioners”) to deny an application for a conditional use permit...more

Perkins Coie

Ban on Short-Term Rentals Required Coastal Commission Approval

Perkins Coie on

The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that...more

Perkins Coie

Action Challenging Restrictions on Short-Term Vacation Rentals Was Barred by 90-Day Statute of Limitations

Perkins Coie on

The Court of Appeal held that an action to set aside an ordinance restricting short-term vacation rentals on the ground of failure to obtain a Coastal Development Permit (CDP) was barred by the 90-day statute of limitations...more

Miller Starr Regalia

Third District Addresses Significant CEQA Issues In Mixed Decision On Placer County’s EIR For Specific Plan/Rezoning Allowing...

Miller Starr Regalia on

In a sprawling, 123-page published opinion filed on February 14, 2022, the Third District Court of Appeal affirmed in part, and reversed in part, judgments in consolidated CEQA actions challenging Placer County’s EIR for its...more

Pierce Atwood LLP

Appeals Court Resurrects Neighbors’ Claims Against Noisy Vineyard Venue

Pierce Atwood LLP on

In its recent decision in Allegaert v. Harbor View Hotel Owner, LLC, the Massachusetts Appeals Court reversed in part two Superior Court judgments dismissing the plaintiffs’ zoning appeals. In the process the Appeals Court...more

Perkins Coie

Court Upholds California Law Limiting Local Governments’ Ability to Deny Housing Development Applications

Perkins Coie on

In a major recent decision, the California Court of Appeal rejected a city’s interpretation of what constitutes an “objective” standard under the Housing Accountability Act (HAA), Government Code section 65589.5, and upheld...more

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

Sand and Gravel Mine Expansion/Zoning Law: New York Appellate Court Addresses Preemption Issue (CORRECTION/ADDITION)

Ms. Maureen Wren, Director of Media Relations of the New York State Department of Environmental Conservation (“NYS DEC”) noted a needed correction and addition to this post. Ms. Wren stated the post should have indicated...more

Pierce Atwood LLP

Mass. Appeals Court Imports Chapter 40A Presumption of Standing into Boston Zoning Enabling Act

Pierce Atwood LLP on

A recent decision of the Massachusetts Appeals Court, Porter v. Board of Appeal of Boston (pdf), addressed the question of standing to appeal a variance granted by the Board of Appeal of Boston (“BOA”). Zoning in Boston is...more

Bowditch & Dewey

Massachusetts’ New Economic Relief Bill – What Enabling Partnerships for Growth Means for Local Zoning

Bowditch & Dewey on

On January 14, 2021, Governor Baker signed the Act Enabling Partnerships for Growth (the “Act”). Although Governor Baker vetoed specific parts of the Act, it includes a number of provisions that affect local zoning....more

146 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide