Real Estate Law

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Suburbanization and Constitutional Interpretation: Exclusionary Zoning and the Supreme Court Legacy of Enabling Sprawl
Posted on 27 Jun 2012 by LexisNexis Real Estate Law Community Staff

By Dr. Wayne Batchis+ + Assistant Professor, University of Delaware. Ph.D., Johns Hopkins University, 2009; J.D., University of Pennsylvania, 1999. Excerpt from Suburbanization and Constitutional Interpretation: Exclusionary Zoning and the Supreme... Read More

New Pennsylvania Permit Extension Act Extends Life of Permits to 2016
Posted on 26 Jul 2012 by Ballard Spahr LLP

by the Zoning and Land Use Group Pennsylvania has enacted an important amendment to the Permit Extension Act that will extend the life of certain zoning and land-use permits and approvals to July 2016. Embedded in a finance bill (S.B. 1263, Act... Read More

Chicago Affordable Housing Ordinance Passes: Key Provisions, Key Requirements
Posted on 4 May 2015 by DLA Piper

By Theodore J. Novak , Richard F. Klawiter , Paul W. Shadle , Mariah F. DiGrino , David L. Reifman , Jesse W. Dodson , Katherine C. Jahnke Dale , Daniel Kraft Chicago’s City Council has approved an amendment to the existing affordable housing... Read More

Ballard Spahr Legal Alert: Supreme Court Ruling May Lead to More Landowner Challenges of Land Use Regulations, Fees
Posted on 30 Jul 2013 by Ballard Spahr LLP

By the Ballard Spahr LLP Zoning and Land Use Team The U.S. Supreme Court recently issued a ruling in a long-running land use case holding that “extortionate demands” by the local government entity constituted illegal interference with... Read More

Vetstein Law Group: Neighborhood Civic Associations Play Controversial Role In Boston Zoning & Permitting Process
Posted on 20 Aug 2012 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Local Groups Wield Much Power Over Real Estate Permits & Projects If you have ever had to deal with zoning or permitting in the City of Boston, you have probably come across local neighborhood "civic associations"... Read More

The Pennsylvania Commonwealth Court Invalidates Additional Provisions of Act 13
Posted on 19 Aug 2014 by Babst Calland

Last month, the Pennsylvania Commonwealth Court issued an opinion, [ enhanced version available to subscribers ], invalidating additional sections of Act 13 of 2012, Pennsylvania’s comprehensive overhaul of the former Oil and Gas Act.... Read More

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – December 26, 2013 Update
Posted on 30 Dec 2013 by Andrea Lee Negroni

Updates for the Week of December 26, 2013 An outdoor wedding business “tolerated” by the city despite restrictive zoning did not “lawfully exist.” The City of Kennewick, Washington sued Cole and Julie Morgan, who operated a... Read More

Supreme Court Refuses to Hear Palmer Case - Are Inclusionary Zoning Practices Due for Change?
Posted on 2 Feb 2010 by Dave Lanferman and James Pugh

On October 22, 2009, the California Supreme Court decided not to review the Court of Appeal's decision in the landmark Palmer/Sixth Street Properties v. City of Los Angeles case. [See SMRH Blog 08/18/2009 , for detailed discussion of Palmer decision... Read More

Tags: Zoning

Sheppard Mullin Richter & Hampton LLP: Decision to Deny a Zoning Change Subject to 90-Day Statute of Limitation
Posted on 23 Feb 2012 by Sheppard, Mullin, Richter & Hampton LLP

General Development Co., L.P. v. City of Santa Maria , 2d Civil No. B228631 (Super. Ct. No. 1320579) (Cal. Ct. App. 2nd Dist., January 25, 2012) By Katharine J. Mueller An action challenging a legislative body's decision to deny a zone change... Read More

Vetstein Law Group: An Unlevel Playing Field: T-Mobile Wins Yet Another Massachusetts Cellular/Wireless Zoning Appeal
Posted on 24 Feb 2011 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ With the proliferation of cellular/wireless service and coverage, Massachusetts town and cities have been bombarded in the last 10 years with applications for zoning relief for new cell towers and related equipment... Read More

Analysis of Conflicts Between Land Zoning Power and Land Development Right in China
Posted on 22 Jul 2013 by LexisNexis Legal Newsroom Staff

This article, written by a partner at a Shanghai, China, law firm, covers the conflicts between land zoning power and land development rights in China. It discusses the structure and legal attributes of the land zoning power in China, whether development... Read More

Vetstein Law Group: A Different Type Of Tear-Down: Court Orders Million Dollar Marblehead Manse Demolished For Zoning Violation
Posted on 29 Feb 2012 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Expensive Lesson-Build At Your Own Peril After a 16 year long saga, wealthy Marblehead mansion owner Wayne Johnson's battle to save his house from a court-ordered wrecking ball has come to an end. The underlying legal... Read More

Vetstein Law Group: What The Boston Zoning Board of Appeals Grants, The Courts Taketh Away
Posted on 22 Mar 2012 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Sheppard v. Zoning Board of Appeals of Boston [ enhanced version available to subscribers ] : Appeals Court Overturns Variances, But Does Not Order Tear-Down Of South Boston Rehab Project This is the kind... Read More

Fracking Zoning Case Seeks Review by New York's Highest Court
Posted on 20 Jun 2013 by J. Wylie Donald

By J. Wylie Donald, Partner, McCarter & English Columbia Law School convened a panel on hydraulic fracturing ("fracking") earlier this month. One of the subtopics was its effect on climate change mitigation. Professor Michael Gerrard... Read More

Are You Sure Noah Done It This Way? Biblical Ark Meets Modern Day Building Codes
Posted on 8 Jun 2011 by Peter J. Gallagher

Although the much talked about rapture did not come to fruition last week, there is one big sign -- emerging out of the waters in the Netherlands -- that the apocalypse may still be near. As the New York Times recently reported in its story, "... Read More