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VA Supreme Court Holds City Charter’s Petition Provision Did Not Confer...

A developer approached the Hampton City Council about creating a residential subdivision at Buckroe Beach, Virginia, an area not zoned for that type of development.  The Council passed an ordinance...

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VA Supreme Court Holds City Charter’s Petition Provision Did Not Confer...

A developer approached the Hampton City Council about creating a residential subdivision at Buckroe Beach, Virginia, an area not zoned for that type of development.  The Council passed an ordinance...

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Maryland High Court Determines Slot Machines Zoning Bill Subject to Referendum

This appeal is part of a long line of litigation involving a Maryland constitutional amendment permitting slot machines at specific locations within the state.  The instant opinion involves the appeal...

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MT Supreme Court Holds Mining Company Not Subjected to Illegal Spot Zoning...

Helena Sand and Gravel, Inc. owns 421 acres of land near East Helena, Montana, in a transitional area. The company obtained a Montana Department of Environmental Quality (MDEQ) permit to mine 110 of...

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Utah Supreme Court Holds that a Site Specific Rezoning is a Legislative...

Editor’s Note: Special thanks to Neil Lindberg Municipal Council Attorney for the City of Provo, Utah for providing this update. Last year, in Carter v. Lehi City, 2012 UT 2, the Utah Supreme Court...

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MT Supreme Court Finds City Resolution over Extra-Territorial Zoning was Not...

In an ongoing extraterritorial dispute between the City of Whitefish and Flathead County regarding land-use regulation in a 2-mile-wide area surrounding Whitefish city limits, the district court...

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OH Supreme Court Holds Ohio Board of Elections had Authority to Reject...

The City Council of Powell, Ohio approved an ordinance for a development plan for property in a business district, and the citizens filed petitions to place on ballot for next election a referendum to...

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WA Supreme Court Finds Zoning Initiative Exceeded Scope of Local Legislative...

In 2013, Envision Spokane gathered enough signatures to place a local initiative on the ballot that would establish a “Community Bill of Rights” (the “Envision Initiative”). This Bill of Rights...

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CA Appeals Court Finds Referendum Petition Challenging an Ordinance Would Not...

  This case involved a vacant parcel at 850 Lightpost Parkway in Morgan Hill owned by River Park.   In November 2014, City amended its general plan to change the land use designation for this parcel to...

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UT Supreme Court Holds City Resolution was Approved Pursuant to City’s...

This post was authored by Matthew Loeser, Esq, Following the closure of the Cottonwood Mall, the City of Holladay desired to redevelop the land on which the mall once stood. In 2018, the City approved...

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CA Appeals Court Finds Initiative Caused City’s General Plan to Become...

This post was authored by Matthew Loeser, Esq. Following the City Council of the City of Richmond’s adoption of an initiative amending its general plan to prohibit residential development on a stretch...

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CA Appeals Court Holds County Ordinance Banning Marijuana Dispensaries was...

This summary appears in the Perkins Coie Land Use and Development Law Briefing and is posted with permission of the California Land Use Attorneys with Perkins Coie, LLP In 2011, the County adopted an...

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MI Appeals Court Concluded Interim Zoning Ordinance is Valid and Not Subject...

This post was authored by Olena Botshteyn, Esq. An interim zoning ordinance put in place by the Township of Benton blocked the construction of a large-scale solar array, proposed by the Sandstone...

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OH Supreme Court Holds City Attorney Abused His Discretion in Determining the...

This post was authored by Matthew Loescher, Esq, Relators, Lana Pennington, Holly Pennington, Cynthia McIntire, Lisa Cotterman, and Anna Miller, the five members of a petition committee, sought a writ...

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OH Supreme Court Denies Writ of Prohibition Seeking to Bar Zoning Referendum

This post was authored by Matthew Loescher, Esq.  In this expedited election case, relators, Hillside Creek Farms, L.L.C. and Gerald L. Shaw sought a writ of prohibition to bar respondent, the Clark...

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OH Supreme Court Finds Relators Failed to Show that the Board of Elections...

This post was authored by Matthew Loescher, Esq. In this case, T-Bill Development Company, L.L.C., Pulte Homes of Ohio, L.L.C., the Scott Family Living Trust, the Craig D. Scott Revocable Trust, and...

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AZ Appeals Court Finds Genuine Issue of Material Fact Existed as to Validity...

This post was authored by Matthew Loescher, Esq. Electors filed a complaint for injunctive relief against community organizations and various county officials challenging validity of community...

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