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Documents on zoning planning land use
 

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HTMLSolar Energy: A “Hot” Topic at the Local Level
Leslie A. Dickinson, Laura J. Genovich; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
April 21, 2015, previously published on March 30, 2015
By the end of 2015, it is estimated that approximately 10 percent of Michigan’s power will come from renewable sources. Solar power, in particular, has been growing in Michigan in recent years due to new technological improvements, decreasing costs of installation and equipment, and a variety...

 

HTMLBefore You Acquire or Lease That Property, Do You Need a Special Exception or Special Use Permit?
Jonathan D. Puvak; Gentry Locke Rakes & Moore, LLP;
Legal Alert/Article
April 16, 2015, previously published on March 1, 2015
As a potential buyer or tenant of real estate, there a number of items that are readily apparent and discernible when you visit a new piece of property or an existing building, such as the location, curb appeal, or price, but the need for a special exception is often overlooked until much later in...

 

HTMLNew Jersey Supreme Court Decision Expands Redevelopment Opportunities
Robert Beckelman, Robert S. Goldsmith; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
April 8, 2015, previously published on April 15, 2015
In 2009, our partners Robert S. Goldsmith and Robert Beckelman wrote an article for the Rutgers Law Record entitled “What Will Happen to Redevelopment in New Jersey When the Economy Recovers?” The piece raised concerns, shared by many, over the New Jersey Supreme Court’s 2007...

 

Adobe PDFBuyer Beware: City of San Diego Requires a Second Historic Review of Fully Entitled Projects
Evelyn F. Heidelberg; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article
March 31, 2015, previously published on January 2015
So you’re under contract to purchase a property with a tentative map and other entitlements issued by the City of San Diego in the mid-2000s, the life of which has been extended by state law and City ordinances enacted during the Great Recession. A structure on the property is more than 45...

 

HTMLImportant Alert for Commercial Owners/Landlords and Brokers/Agents: Changes to California Dual Agency Disclosure Laws Effective January 1, 2015
Lydia Lake, Pamela L. Westhoff; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 30, 2015, previously published on March 2, 2015
Effective January 1, 2015, California law requires real estate brokers and agents to provide their clients and prospective clients with specific new disclosures, including (1) an initial disclosure form regarding the nature of agency relationships, which is typically provided at the time a listing...

 

HTMLCEQA “Common Sense” Exemption Upheld; Environmental Baseline for Project Following Improvements Pursuant to an Emergency Exemption Clarified
Shadi Mahmoudi, Maria Pracher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The Fourth District Court of Appeal upheld a CEQA exemption related to the City of San Diego’s approval of a project comprising emergency storm drainage repair and site revegetation. The decision addressed various CEQA issues, including the environmental baseline determination, the...

 

HTMLSacramento Kings Win Again; Second CEQA Challenge Rejected
Shadi Mahmoudi, Maria Pracher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The Court of Appeal for the Third Appellate District of California has ruled in favor of the City of Sacramento with regard to a series of challenges brought under CEQA to certification of an EIR and approval of a project to build a new arena in downtown Sacramento. The project involves a...

 

HTMLWhen the Keyboard is Mightier than the Sword: Mandatory Online Resolution of Strata Disputes
Craig Shirreff; McCarthy Tétrault LLP;
Legal Alert/Article
March 26, 2015, previously published on March 16, 2015
As readers of this blog will know, as a result of changes implemented by the Land Title and Survey Authority on November 1, 2012, almost all documents and plans submitted to the land title office for registration must now be submitted electronically. Recently, there has been a similar significant...

 

HTMLShooting Ranges Permissible Under Definition of Private Recreation in Zoning Code
Emily Perkins; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
March 24, 2015, previously published on February 2015
In Platform I Shore, LLC v. Village of Lincolnwood, 2014 IL App (1st) 133923, the First District Appellate Court held that a shooting range was a permitted use under the plain and unambiguous language of the Village's zoning ordinance. This case illustrates that regardless of whether a particular...

 

HTMLZoning and the Fifth Amendment: When do Zoning Regulations “Go Too Far”?
Scott H. Hogan, Julie C. LaVille; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 20, 2015, previously published on March 6, 2015
The Michigan Court of Appeals recently rejected a landowner’s challenge of a zoning restriction as a regulatory taking requiring just compensation under the Fifth Amendment. In Grand/Sakwa of Northfield, LLC v. Twp. of Northfield, 304 Mich. App. 137, 851 N.W.2d 574 (Mich. Ct. App. 2014), the...

 


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