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Documents on zoning planning land use
 

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HTMLCourt Clarifies CEQA Rules Regarding Infeasibility and Deferral of Mitigation
Michael Hansen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 9, 2012, previously published on January 6, 2012
In 2005, the Board of Trustees of the California State University ("CSU") certified an environmental impact report ("EIR") and approved a project for the expansion of San Diego State University ("SDSU") to increase student enrollment from 25,000 students to 35,000...

 

HTMLCourt of Appeal Rules that Denial of a Landowner's Application to Develop Property Can Be a Compensable Regulatory Taking
S. Keith Garner, Michael Hansen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 9, 2012, previously published on January 6, 2012
The Fourth Appellate District recently held that a local agency's denial of an application to develop a 2.85 acre parcel in the middle of a developed residential area can constitute a compensable regulatory taking under the Penn Central Transp. Co. v. City of New York (1978) 438 U.S. 104...

 

HTMLCEQA Does Not Require Identification of Significant Effects of the Environment (Sea Level Rise) on a Project; Assertion of New Claims Barred in EIR Required to be Revised by Judgment in a Prior Case
Michael Hansen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 9, 2012, previously published on January 6, 2012
The Second Appellate District recently held that CEQA does not require identification of significant effects of the environment on a project, only significant effects of a project on the environment. The court also held that plaintiffs are barred from alleging new CEQA inadequacies in challenge to...

 

HTMLState Cancellation of Redevelopment Agencies May Affect You!
Michael J. Kiely, Phillip M. Tate; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 6, 2012, previously published on January 5, 2012
On December 29, 2011, legislation to dissolve all redevelopment agencies became effective when the California Supreme Court released its opinion in California Redevelopment Association v. Matosantos, challenging the Legislature's adoption of AB 1X 26, providing for elimination of California...

 

HTMLVirginia’s present to EPA this year? A Draft Phase II Watershed Implementation Plan
M. Ann Neil Cosby; Sands Anderson PC;
Legal Alert/Article
January 4, 2012, previously published on December 21, 2011
It may not have the same bling as five golden rings, but to EPA, Virginia’s draft Phase II Watershed Implementation Plan (“WIP”) should be just what it wanted. In accordance with EPA’s designated schedule, Virginia presented the agency with its Draft Plan on December 15,...

 

HTMLUpdate On Redevelopment Law: The Supreme Court Makes it Official - Redevelopment Is Dead In California
Michael J. Kiely, Phillip M. Tate; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 3, 2012, previously published on December 29, 2011
The California Supreme Court released its opinion today in California Redevelopment Association v. Matosantos, challenging the Legislature's adoption of AB 1X 26, providing for elimination of California redevelopment agencies (RDAs), and AB 1X 27, exempting from elimination any RDA that agrees to...

 

HTMLNo Inverse Condemnation Claim Where City Threatened But Did Not Proceed With Plans For Condemnation
William T. Chisum, Jon E. Goetz, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
December 28, 2011, previously published on December 21, 2011
A Court of Appeal recently held that a landowner failed to state a claim for inverse condemnation against a city that planned to take the landowner’s property but ultimately decided to not go forward with eminent domain proceedings. (Joffe v. City of Huntington Park (--- Cal.Rptr.3d ----,...

 

HTMLDeadlines Approach to File for New Extensions: New Interpretation by Florida Division of Community Planning on Tolling Period for Emergency Declaration Extension
Valerie Hubbard; Akerman Senterfitt;
Legal Alert/Article
December 20, 2011, previously published on December 16, 2011
The Florida Division of Community Planning has issued a new interpretation regarding the extension provided in Chapter 2011-142, Laws of Florida. Section 494 of this act provides an extension for permits and authorizations when the Governor declares a state of emergency, effective within the area...

 

HTMLPhiladelphia City Council Adopts a New Zoning Code
Thomas A. Chapman, Peter Foster Kelsen, Adam E. Laver, Reed Douglas Lyons; Blank Rome LLP;
Legal Alert/Article
December 19, 2011, previously published on December 2011
After four years of city-wide public meetings, discussion and debate, the Philadelphia City Council followed the recommendations of the Zoning Code Commission and approved legislation which adopted a new Zoning Code for the City. Mayor Nutter has announced that he will sign the legislation into law...

 

HTMLDeadlines Approach to File for New Extensions
Valerie Hubbard; Akerman Senterfitt;
Legal Alert/Article
December 15, 2011, previously published on December 12, 2011
In recognition of the difficult economic conditions of the past few years, the 2011 Florida Legislature provided several new opportunities for substantially extending development approvals. Depending on various factors, the extensions may total up to 6 years, 10 months and 21 days for DRIs, and up...

 


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