Topic
Development Agreements
41 published works
NC Legal Landscapes
(Finally) Giving Names to the Laws that Matter
By Tom Terrell
Cities and counties operate within a confusing matrix of state and federal statutes and regulations. But when it comes to laws affecting land, another set of “immutable” laws comes…
NC Legal Landscapes
Development Agreements – Where Do We Go From Here??
By Tom Terrell
In 2005, the General Assembly adopted legislation allowing local governments and developers to enter into “development agreements” for long-term, multi-phased projects. The reasons for this legislation were several, but…
inversecondemnation.com
West Hawaii Today On Latest HAWSCT Opinion In Eminent Domain Abuse Cases
The Big Island's West Hawaii Today reports "Both sides claim win in latest ruling" about the Hawaii Supreme Court's recent opinion in the cases involving the County of Hawaii's attempt…
Land Use Law Blog
Simple Math Does Not Amount to Reasonable Justification for Fee Amount
By Cori Badgley In interpreting the provision of a development agreement imposing an in-lieu affordable housing fee, the court in Building Industry Association of Central California v. City of Patterson…
Land Use Law Blog
For CEQA, Project Commitment Is Still A Question Of Fact
By Leslie Walker On October 30, 2008, the California Supreme Court decided Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116 ("Save Tara") finding that CEQA was triggered…
Real Estate, Land Use & Environmental Law Blog
Agreements Conditioned On Subsequent CEQA Review Violate CEQA If Record Shows Agency Already Committed To Project
Save Tara v City of West Hollywood, ___ Cal. 4th ___ (Oct. 30, 2008, Case No. S151402) By David Collins In this case, the California Supreme Court invalidated…
Land Use Law Blog
Bill Abbott to Speak at the Northstate BIA Policy Series on Development Agreements
Bill Abbott, a founding partner of the firm, will be speaking at the Building Industry Associations event on Policy Series: Development Agreements on November 14, 2008, in Roseville. Bill will be…
New Jersey Law Blog
Toll Bros v. Board of Chosen Freeholders: Developer May Seek to Modify Developer’s Agreement Upon Changed Circumstances
On March 31, 2008, the New Jersey Supreme Court decided Toll Bros. v. Board of Chosen Freeholders, which principally held that a developer may seek to modify or reform an…
Real Estate, Land Use & Environmental Law Blog
Ad Hoc Zoning Exceptions Impermissible, Even in Development Agreements: Neighbors in Support of Appropriate Land Use, et al. v. County of Tuolumne, et al., (Dec. 7, 2007, F051690) __ Cal. App. 4th
By Michael B. Wilmar and Misti M. Schmidt With a resounding no, the California Court of Appeal for the Fifth District answered the question of whether a county can permit the…
Land Use Law Blog
If the Zoning Isn’t Uniform, the Court Won’t Salute
By Joel Ellinwood, AICP The Court of Appeal, Fifth Appellate District, continues this year's deluge of land use and environmental law decisions by revisiting the first principles of planning and…