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Documents on Zoning, Planning & Land Use
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|Orange County Adopts Increased School Impact Fees With Two-Tier Implementation|
Miranda F. Fitzgerald; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
June 21, 2016, previously published on May 18, 2016On May 10, 2016, the Orange County Board of County Commissioners voted to substantially increase School Impact Fees throughout the County, including all of the municipalities. The new rates will take effect in two steps: one-half of the increase to take effect on October 1, 2016 and the full amount...
|Lenders and Borrowers Should Clearly Spell Out Extent of Liability Under Limited Guaranty|
Lawrence G. Lerman; Lerch, Early & Brewer, Chartered;
June 20, 2016, previously published on May 26, 2016On occasion, a lender will agree to limit a guarantor’s liability under its guaranty to a fixed dollar amount that is less than the entire loan amount. In such a case, for example, the term sheet or loan commitment may provide that in connection with a $5 million loan the guarantor's...
|Property Owners Face Higher Taxes in Montgomery County|
Cindi E. Cohen; Lerch, Early & Brewer, Chartered;
June 20, 2016, previously published on May 26, 2016The Montgomery County Council and the Maryland State Legislature both passed legislation that will result in higher taxes associated with the ownership and transfer of real property in Montgomery County.
|Montgomery County’s New Building Energy Use Benchmarking Law Goes Into Effect June 1|
Patricia A. Harris; Lerch, Early & Brewer, Chartered;
June 20, 2016, previously published on May 26, 2016Starting on June 1, property owners of buildings 250,000 square feet or greater in Montgomery County are subject to the county's Building Energy Use Benchmarking Law.
|Standing, Your New Best Friend|
Scott A. Dienes; Foster, Swift, Collins & Smith, P.C.;
June 16, 2016, previously published on April 28, 2016An applicant is denied approval on a project and sues. Neighbors oppose a new project and sue. Sound familiar?
|Minimizing the Risks of Signing Restaurant Leases|
Lawrence G. Lerman, Rosemarie Salguero; Lerch, Early & Brewer, Chartered;
March 18, 2016, previously published on January 15, 2016One out of every four new Washington, DC restaurants will close or change hands within five years. In light of this high turnover, landlords and tenants should be aware of lease issues that arise when restaurant space becomes available, especially pertaining to alcohol licenses and security...
|Court of Appeals Discusses the Practical Effect of a Building Code Violation as Negligence Per Se.|
David S. Coats, John T. Crook, David S. Wisz; Bailey & Dixon, L.L.P.;
February 11, 2016, previously published on Fall 2015The elements of a cause of action for negligence are duty, breach, causation, and injury. It is well-settled in North Carolina that evidence of a defendant’s violation of a safety statute constitutes negligence per se and establishes the element of breach. In the recent case of Estate of...
|Legal Framework and Benefits of Public-Private Partnerships|
David M. DiSegna, Teno A. West; Pannone Lopes Devereaux & West LLC;
January 20, 2016, previously published by Rhode Island Bar Journal on January/February 2016Throughout the United States, governments and public agencies face the daunting task of upgrading or replacing their antiquated and deteriorating infrastructure, while grappling with fiscal pressures, such as declining tax revenues, increased expenses, rising pension costs, and state and federal...
|Last Call to Extend Permits and Development Orders -- Deadline Is January 25, 2016|
Lowndes Drosdick Doster Kantor Reed Professional Association;
January 19, 2016, previously published on January 11, 2016There is limited time remaining to claim the 8-month extension referenced below under the state-wide Emergency Order issued by Governor Scott. The opportunity to claim the extension will end on January 25, 2016. Should you have a permit or other approval that qualifies for the extension and would...
|Bill 73 Amendments to the Planning Act|
Patrick Harrington; Aird & Berlis LLP;
January 7, 2016, previously published on December 23, 2015On December 3, 2015, Ontario passed Bill 73, the Smart Growth for Our Communities Act, 2015. Bill 73 proposes significant amendments to the Planning Act and the Development Charges Act, 1997. This update will focus on the changes to the Planning Act that will alter, and in some areas restrict, the...