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Search Results (757) Documents on zoning planning land use Show: results per page Sort by:  | State Environmental Law Preempts a County Zoning Ordinance
Gregory L. Arbogast; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article March 8, 2012, previously published on March 2012 In East Star, LLC v. The County Commissioners of Queen Anne’s County, the Court of Special Appeals held that state environmental law preempted a zoning ordinance adopted by Queen Anne’s County, which regulated mining. The trial court found in favor of the County, but the Court of...
| | PlanMaryland: Maryland’s First Smart Growth Plan is Introduced to Mixed Reviews
Patrick L. O'Neil; Lerch, Early & Brewer, Chartered;
Legal Alert/Article March 6, 2012, previously published on March 1, 2012 On December 19, 2011 Governor Martin O’Malley introduced “PlanMaryland,” Maryland’s first statewide plan for sustainable growth. PlanMaryland is an executive policy plan that seeks to coordinate better the policies and programs of state government to encourage smart growth...
| | Use of Condominium Regimes, Ownership Lots and Air Rights Parcels to Develop, Own and Finance Commercial Real Estate
Sharon Nelson Craig, Patricia A. Harris, William Kominers; Lerch, Early & Brewer, Chartered;
Legal Alert/Article March 6, 2012, previously published on March 1, 2012 Mixed-use projects bring with them the need to separate ownerships either vertically, horizontally or both. Therefore, many mixed-use projects will involve some form of condominium or other manner of vertical or horizontal subdivision, such as land, master and sub-condominium regimes, ownership...
| | River Segment Must Be Navigable In Fact For Commercial Purposes At Statehood For State To Obtain Title To Riverbed Under The Equal Footing Doctrine
S. Keith Garner, Alexander L. Merritt, Michael B. Wilmar; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article March 6, 2012, previously published on March 5, 2012 Two weeks ago, the United States Supreme Court issued its decision in PPL Montana v. Montana. The Court held that the Supreme Court of Montana had incorrectly determined that certain segments of the Upper Missouri, Madison, and Clark Fork Rivers were “navigable” at the time of...
|  | Did the Dryden and Middlefield Courts Get It Wrong?
Thomas F. Walsh; Hiscock & Barclay, LLP;
Legal Alert/Article March 5, 2012, previously published on March 2012 On Tuesday, February 21, 2012, Tompkins County Supreme Court Justice Phillip R. Rumsey upheld the Town of Dryden’s total ban on any exploration for natural gas within the Town. A few days later, on Friday, February 24, 2012, Madison County Acting Supreme Court Justice Donald F. Cerio upheld...
| | Understanding Your South Carolina Property Tax Bill and Deciding Whether to Appeal
Andrew Colvin; Nexsen Pruet, LLC;
Legal Alert/Article February 28, 2012, previously published on February 27, 2012 Understanding South Carolina's real and personal property tax structure involves a trip back to your high school algebra class. Essentially, the amount of tax you owe depends upon three variables:
| | Rules of (Creating) the (Public) Road: Dykes v. Friends of the C.C.C. Road
Sands Anderson PC;
Legal Alert/Article February 28, 2012, previously published on February 21, 2012 The state and local governments are often in the business of creating, accepting or maintaining public roads. In some cases, there are rights of way that are used by the general public but never become truly public roads because of a lack of either landowner intent to dedicate, or an express...
| | Draft Guidelines to Streamline CEQA Review of Infill Projects: Is the Bar Too High?
Evelyn F. Heidelberg; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article February 27, 2012, previously published on February 23, 2012 To implement a new law mandating streamlined reviews under the California Environmental Quality Act (“CEQA”) for certain urban infill projects, the Governor’s Office of Planning and Research (“OPR”) has issued draft guidelines establishing performance standards that...
| | New York Court Upholds Zoning Ban on Hydrofracking
Terri A. Mazur, S. Christopher Provenzano; Mayer Brown LLP;
Legal Alert/Article February 27, 2012, previously published on February 23, 2012 In a case of first impression, a New York trial court has considered “whether a local municipality may use its power to regulate land use to prohibit exploration for, and production of, oil and natural gas.” In Anschutz Exploration Corp. v. Town of Dryden, Index No. 2011-0902 (RJI No....
| | Collecting Holdover Rent Just Became A Little Harder
Thomas C. Barbuti, Erin O'Brien Millar; Whiteford, Taylor & Preston L.L.P.;
Legal Alert/Article February 24, 2012, previously published on February 22, 2012 What does your lease provide with respect to a tenant holding over after the end of the term? Does it clearly define what constitutes a “holding over?” In the recent case of Carroll Indep. Fuel Co. v. Washington Real Estate Investment Trust, the Maryland appellate court addressed the...
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