News & Analysis as of

Zoning Laws Building Permits Construction Project

Downey Brand LLP

Project’s Completion Did Not Moot CEQA Claim

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Introduction - On March 29, 2024, the First District Court of Appeal issued its partially published opinion in the case of Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46....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

Coblentz Patch Duffy & Bass

San Francisco Planning Commission Recommends Approval of Legislation to Further Ambitious “Housing For All” Plans and Downtown...

In response to Mayor London Breed’s recent Executive Directive, titled “Housing For All,” on May 4, 2023, the San Francisco Planning Commission voted to recommend that the Board of Supervisors approve a package of Planning...more

Bowditch & Dewey

Recently Proposed Legislation Aims to Provide Protection and Clarity for Previously Approved Projects

Bowditch & Dewey on

On January 19, 2023, Representative Kevin Honan filed new legislation entitled “An Act to Safeguard Municipal Permitting” targeted at addressing special permit protections and timelines for previously approved projects. This...more

Holland & Knight LLP

Non Reformatio in pejus y procedimientos urbanísticos en Colombia

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La Sección Primera del Consejo de Estado de Colombia, expidió el pasado 14 de julio de 2022 una sentencia, con ponencia del Consejero Hernando Sánchez Sánchez (la Sentencia), por medio de la cual se hacen importantes...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - May 2022, Volume I, Issue XIII

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CASES OF NOTE - FINALIZE BUILDING PLANS EARLY ON TO AVOID DELAYS - St. Paul's Foundation v. Ives, 29F.4th 32, 33 (1st Cir. 2022) - A recent decision out of the First Circuit Court of Appeals emphasizes the...more

Kramer Levin Naftalis & Frankel LLP

Court of Appeals Declines to Hear 200 Amsterdam Avenue Appeal

On Sept. 9, 2021, the New York State Court of Appeals denied a motion for leave to appeal an Appellate Division ruling that had upheld approval by the Department of Buildings (DOB) and the Board of Standards and Appeals (BSA)...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction Update

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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process, including the issuance of zoning and building permits, regulation of construction work, and zoning...more

Kramer Levin Naftalis & Frankel LLP

Controversial Citywide Hotel Special Permit Enters Public Review

On May 3, 2021, the City Planning Commission referred out for public review a zoning text amendment that would require a special permit for the creation or material enlargement of transient hotels (Zoning Use Group 5) and...more

Farrell Fritz, P.C.

Second Department Affirms Denial of Religious Organization’s Application for Conditional Use Permit

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In Matter of Sid Jacobson Jewish Community Ctr., Inc. v. Zoning Bd. of Appeals of the Inc. Vil. of Brookville, the Second Department reviewed a local zoning board’s denial of an applicant’s request to expand and improve the...more

Farrell Fritz, P.C.

Second Department Upholds Town’s Determination Allowing Property Owners to Build Hot Tub in Wetland Buffer

Farrell Fritz, P.C. on

In Matter of Bernstein v Putnam Val. Zoning Bd. of Appeals, property owners sought to construct a hot tub on their residential property, located in a protected area known as a wetland buffer.  The Wetlands Inspector for the...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Pierce Atwood LLP

Wrong Procedure Costs City $1 Million Dollar Judgment Against Developer it Fined for Building Without Permits

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In a striking blow, stripping a city of a judgment of nearly $1 million, the Massachusetts Appeals Court recently reversed a superior court summary judgment awarding fines to the City of Haverhill for a developer’s violations...more

Cozen O'Connor

D.C. Department Of Consumer And Regulatory Affairs (DCRA) Closes In-Person Permit And Licenses In Response To COVID-19

Cozen O'Connor on

Today, the District of Columbia announced that DCRA will close all of its in-person permit, license and other centers until at least April 27, 2020. Permits remain available online, and DCRA is offering “video consultations”...more

Lowndes

LAST CALL: January 24, 2020 is the Deadline to Extend your Building and Development Permits

Lowndes on

In response to Hurricane Dorian, Governor Ron DeSantis has issued Executive Order No. 19-190 (reaffirming and amending Executive Order No. 19-189) declaring a state of emergency for all 67 counties in the state of Florida....more

Farrell Fritz, P.C.

Village’s Vitiation of Riparian Rights Survives Initial Challenge

Farrell Fritz, P.C. on

In Akeson v Inc. Vil. of Asharoken, 2019 NY Slip Op 32756(U), Index No. 57/2018 (Sup Ct, Suffolk County 2019), the Supreme Court dismissed a petition challenging the Incorporated Village of Asharoken’s (“Asharoken”) decisions...more

Farrell Fritz, P.C.

Supreme Court Reminds: Schools are Special, but Not Exempt When It Comes to Local Zoning

Farrell Fritz, P.C. on

Residents of the Village of East Williston have prevailed (for now) over the East Williston Union Free School District’s plan to install a six-foot tall perimeter fence at the North Side School in the Village of East...more

Barnea Jaffa Lande & Co.

An Additional Barrier in Performing TAMA 38 Projects

The Real Estate Law (Reinforcement of Condominiums against Earthquakes) 5768-2008 (the “Reinforcement Law”) provides that in order to perform a TAMA 38 plan on a building under the “demolish and build” track, a majority of...more

Farrell Fritz, P.C.

Doctrine of Laches Bars Neighbor’s Challenge to Development

Farrell Fritz, P.C. on

A recent Second Department decision applying the doctrine of laches highlights the importance of taking prompt action against a property owner who may be acting in violation of a zoning or building code....more

Pierce Atwood LLP

Late-Filed Appeal To Zoning Board Is A Nullity, Not A Springboard To Constructive Approval

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The Massachusetts Appeals Court’s recent decision in McIntyre v. Zoning Board of Appeals of Braintree demonstrates the importance of subject matter jurisdiction in the context of administrative proceedings. ...more

Farrell Fritz, P.C.

Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level

Farrell Fritz, P.C. on

The Breakers Motel has been a fixture in Montauk since the 1950’s. Situate at 769 Old Montauk Highway, Montauk New York, the motel has 26 units, a pool and restaurant and is located across the street from the ocean....more

Holland & Knight LLP

Court Upholds San Francisco's CEQA Exemption for Telegraph Hill Project

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In Protect Telegraph Hill v. City and County of San Francisco (Sept. 14, 2017 Slip Opinion A148544, unpublished), the First District Court of Appeal upheld the City of San Francisco's determination that rehabilitation of a...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

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