Tuesday, December 31, 2019

Jan 24 @ UConn Law: Historic and Green - A New Climate Agenda

Posted on behalf of Sara Bronin.  See full details here.
Historic and Green - A New Climate Agenda
8:30 am - 8:45 am
Check in and Continental Breakfast
8:45 am - 9:00 am

Elizabeth Shapiro, Director of Culture, State Historic Preservation Office
Joseph MacDougald, Professor in Residence and Executive Director, UConn Center for Energy and Environmental Law

9:00 am - 9:15 am
Lecture: Framing the Issue

Why do we need to build a consensus that historic resources and sustainability go hand in hand?  And how can the law help us make historic places more resilient? 

Sara Bronin, Thomas F. Gallivan Chair of Real Property Law and Faculty Director, UConn Center for Energy & Environmental Law

9:15 am - 9:30 am
Lecture: Documenting Connecticut’s Resources & Threats

How is the state documenting historic resources and environmental threats to them?  How could the public benefit from this information? 

Jenny Scofield, State & National Register Coordinator, State Historic Preservation Office

9:30 am - 9:40 am
Stakeholders: What are the top legislative priorities at the intersection of preservation and the environment? 

Jane Montanaro, Executive Director, Preservation Connecticut  

Mike Piscitelli, Connecticut Chapter of the American Planning Association

9:40 am - 10:35 am
Panel 1: Resilience Lessons Beyond our Borders

How do other places improve the resiliency of historic places? 


Lynn Stoddard, Executive Director, the Institute for Sustainable Energy, Eastern Connecticut State University                   


Lisa Craig, Principal, The Craig Group

Joseph Cornish, Director of Design Review, Boston Landmarks Commission

10:35 am - 10:45 am
10:45 am - 11:00 am
Stakeholders: What are the top legislative priorities at the intersection of preservation and the environment?

Mary Falvey, Executive Director, Hartford Preservation Alliance

Curt Johnson, Executive Director, Connecticut Fund for the Environment

Lori Brown, Executive Director, CT League of Conservation Voters

11:00 am - 12:00 pm
Panel 2: The Greenest Buildings

How do state laws/programs on energy efficiency, demolition by neglect, and renewable energy impact the sustainability of historic properties? 


James Albis, Senior Advisor to the Commissioner, CT Dept. of Energy and Environmental Protection


Leticia Colon de Mejias, Chair, Efficiency For All

Brian Farnen, ’02, General Counsel & Chief Legal Officer, Connecticut Green Bank

Libby Reinish ‘20, Student, UConn Law School

12:00 pm - 1:30 pm
Lunch and Legislative Response


Timothy Fisher, Dean and Professor of Law, UConn Law School


Senator Cathy Osten, Trustee, Preservation Connecticut

Panelists (invited): 

Senator Christine Cohen

Representative Jonathan Steinberg

Representative Cristin McCarthy-Vahey

Franklin Perry ‘14, Director of Policy for Representative Matt Ritter 

1:30 pm - 1:45 pm
Lecture: Hazard Mitigation Planning

What is a hazard mitigation plan?  How has the State incorporated historic properties into hazard mitigation planning now?  What improvements are needed? 

Dave Murphy, P.E., CFM  Manager of Water Resources Planning, Milone & MacBroom, Inc.

1:45 pm - 2:45 pm
Panel 3: Resiliency & Disaster Planning


Shubhada Kambli, Sustainability CoordinatorCity of Hartford


Ryan Rowberry, Associate Dean for Academic Affairs and Co-Director, Center for the Comparative Study of Metropolitan Growth, Georgia State University College of Law

Rebecca French, Director of Resilience, Department of Housing, State of Connecticut

Deanna Rhodes, CCAPA, Director of Planning & Neighborhood Services, Norwich

2:45 pm - 3:30 pm
Open Discussion: Building a Statewide Agenda

What are the key elements of a statewide policy agenda reconciling environmentalists and preservationists? 

3:30 pm
Networking Reception
Reading Room
William F. Starr Hall
45 Elizabeth St.
HartfordCT 06105-2290
Deb King
If you require reasonable accommodations for a disability, please contact the Law School at 860-570-5130 or via email at law.access@uconn.edu at least two weeks in advance.

December 31, 2019 | Permalink | Comments (0)

Thursday, December 5, 2019

NEW AALS SECTION on Community Economic Development

If you’re at the AALS meeting, don’t miss the inaugural meeting of the new Provisional Section on Community Economic Development (CED) on Saturday, January 4 from 5:15 to 6:15 p.m. at the Marriott Wardman Park (room tba). We’ll discuss the section’s activities in the coming year, and we would love to hear from you about your interests, emerging needs, or perceived gaps that we can work to fill with section programming. Refreshments will be provided.

The CED Section is designed to be a dynamic, collaborative space to enhance the scholarship, activism, and direct legal work of CED-focused faculty and staff. Community Economic Development focuses on community-driven strategies designed to provide meaningful economic opportunities for communities that have been economically oppressed, subordinated, or marginalized.

If you can’t make the meeting but want to connect with the CED Section, please email Camille Pannu at cpannu@law.uci.edu.

December 5, 2019 | Permalink | Comments (0)

Sunday, November 17, 2019

CFP: ABA J of Affordable Housing: Innovation and Change in Affordable Housing and Community Development

ABA Journal of Affordable Housing & Community Development Law

Call for Papers

Innovation and Change in Affordable Housing and Community Development

Drafts due February 1, 2020

The Journal of Affordable Housing & Community Development Law (the Journal) invites articles and essays on the theme of innovation and change in affordable housing and community development.  How are established forms of financing affordable housing changing?  Are project types changing and, if so, how?  How are community organizing strategies changing in light of technological and social shifts?  What should we make of corporate efforts to address affordable housing when governmental and market efforts do not work?  What other innovations and changes are occurring that the affordable housing and community development community must confront and address?

The Journal welcomes essays (typically 2,500–6,200 words) or articles (typically 7,000-10,000 words). In addition, the Journal welcomes articles and essays on any of the Journal’s traditional subjects: affordable housing, fair housing and community/economic development. Topics could include important developments in the field; federal, state, local and/or private funding sources; statutes, policies or regulations; and empirical studies.

The Journal is the nation’s only law journal dedicated to affordable housing and community development law.  The Journal educates readers and provides a forum for discussion and resolution of problems in these fields by publishing articles from distinguished law professors, policy advocates and practitioners.

Interested authors are encouraged to send an abstract describing their proposals. Submissions of final articles and essays are due by February 1, 2020. Please email abstracts and final drafts to the Journal’s Editor-in-Chief, Stephen R. Miller, at millers@uidaho.edu. The Journal also accepts submissions on a rolling basis. Please do not hesitate to contact the Editor with any questions.

November 17, 2019 | Permalink | Comments (0)

Monday, November 4, 2019


On this past Friday, November 1, the University of Idaho College of Law hosted a festschrift in honor of our colleague, Dale Goble.  Below is the agenda of the day, as well as a photograph of participants wearing some of Dale’s more notable ties.

The event was made possible, in part, by a grant from the University of Wyoming Haub School of Environment and Natural Resources.  Many thanks to Haub’s dean Melinda Harm Benson.

In addition to this event, an upcoming special issue of the Idaho Law Review will be dedicated to reflections on Dale’s work. 

Many thanks to my colleagues here at Idaho Law, Barb Cosens and Anastasia Telesetsky, who brought this event to fruition.







10:00 – 10:30   |           Welcome, Introductions

Stephen R. Miller, Associate Dean for Faculty Development, Professor of Law, University of Idaho College of Law

Barbara Cosens, University Distinguished Professor, University of Idaho College of Law

Melinda Harm Benson, Dean, University of Wyoming Haub School of Environment and Natural Resources

10:30 – Noon    |           Collaborating with Dale Goble, the Impact of His Work

Eric T. Freyfogle, Research Professor & Swanlund Chair Emeritus, University of Illinois College of Law, Dale Goble’s engagement with the history of public rights in wildlife law

Carmen Thomas Morse, Attorney, U.S. Department of the Interior, Collaborations with Dale Goble on the ESA

Sandra Zellmer, Professor and Director of Natural Resources Clinics, University of Montana Alexander Blewett III School of Law,  Dale Goble's impact on giving meaning to the concepts of species recovery and conservation

Paul Hirt, Professor, Julie Ann Wrigley Global Institute of Sustainability, Arizona State University, Reflections on Dale Goble’s collaborations with environmental historians…and other adventures

Georgia Yuan, Executive Leadership Coach, Metamorphosis Partners; former University Counsel, University of Idaho; former General Counsel, Smith College; Trustee of Oberlin College,  On being Dale Goble’s student

Barbara Cosens, University Distinguished Professor, University of Idaho College of Law, Working with Dale Goble on the development of interdisciplinary education at the University of Idaho

Noon – 1 pm    |           Lunch 

Rebecca Bratspies, Professor of Law, CUNY School of Law; founding Director, CUNY Center for Urban Environmental Reform, Sharing food for building scholarly communities

1:00 – 3:00       |           ESAs and the Future of the Environment

Dan Tarlock, University Distinguished Professor Emeritus, Chicago-Kent College of Law, A New Vision for the Western Landscape: Cities and Their Hinterlands

Eric Biber, Edward C. Halbach Jr. Professor of Law, University of California, Berkeley School of Law,  State-level endangered species protection

Alejandro Camacho, Professor of Law & Director, Center for Land, Environment, and Natural Resources, University of California, Irvine School of Law, Assisted migration and the future of wildlife management

Robert L. Glicksman, J. B. and Maurice C. Shapiro Professor of Environmental Law, George Washington School of Law, Dale Goble and federal lands management

Temple Stoellinger, Assistant Professor, Haub School of Environment and Natural Resources, Co-Director, Center for Law and Energy Resources in the Rockies, Improving state and federal cooperative species conservation

Robert B. Keiter, Wallace Stegner Professor of Law, University Distinguished Professor, founding Director, Wallace Stegner Center for Land, Resources, and the Environment, University of Utah S.J. Quinney College of Law, Landscape conservation and wildlife management

Daniel Rohlf, Professor of Law, of Counsel, Earthrise Law Center, Lewis & Clark Law School, Dale Goble’s work at the science/law interface

3:30 – 5:00       |           Ongoing Projects, Legacies

William Andreen, Edgar L. Clarkson Professor of Law, University of Alabama School of Law, Separating Fact from Fiction in Evaluating the Endangered Species Act: Recognizing the Need for Ongoing Conservation Management and Regulation

Melinda Harm Benson, Dean, Haub School of Environment and Natural Resources, University of Wyoming School, Conservation-reliant species: Conceptual model, boundary object, or just a darn helpful idea?

John Wiens, Emeritus Distinguished Professor, Colorado State University; and Beatrice Van Horne, U.S. Forest Service (retired), Bridging the science-law interface

Michael Scott, Distinguished Professor Emeritus, Fish and Wildlife Sciences, College of Natural Resources, University of Idaho

Closing remarks

Dale Goble, University Distinguished Professor Emeritus and Margaret Wilson Schimke Distinguished Professor of Law Emeritus, University of Idaho College of Law



November 4, 2019 | Permalink | Comments (0)

Thursday, August 22, 2019

UNC School of Government seeks Land Use Law Position

The UNC School of Government seeks to hire a tenure-track assistant professor to specialize in land use law and planning. The faculty member will focus on the core substantive areas of zoning, land subdivision, related development regulations, and city and county planning.

These core areas of land use law involve wide-ranging and substantial legal issues, including local ordinance adoption and interpretation, permitting and enforcement, statutory authority and state preemption, and Constitutional limitations. Several other fields are intertwined with these core areas, including planning policy, local environmental law, transportation planning, and code enforcement.

The faculty member will write for, advise, plan courses for, and teach North Carolina local and state government officials, including planning and zoning officials, city and county attorneys and managers, elected local government officials, citizen boards (such as planning boards, boards of adjustment, historic preservation commissions), legislators, legislative staff, citizens, the media, and others interested in these legal topics. Work is centered in Chapel Hill, but requires occasional travel and consultation around the state. Faculty appointments are year-round (rather than for the 9-month academic year).

More details are available here: https://unc.peopleadmin.com/postings/165415.

August 22, 2019 | Permalink | Comments (0)

Monday, July 22, 2019

ABA Webinar: Knick Picking Regulatory Takings: Did the Court Right a Wrong, or Wrong a Right?

Knick Picking Regulatory Takings: Did the Court Right a Wrong, or Wrong a Right?

Friday, July 26 | 2 – 2:30pm ET

OnlineJoin Meeting
Password: ABA
Meeting ID: 401 606 664

Call-in: +1 669 900 6833 (US - San Jose) or +1 646 558 8656 (US - New York)
Meeting ID: 401 606 664#
International Call-In InformationFind details

Join us for a half hour on the 5-4 SCOTUS decision in Knick v. Township of Scott (June 21, 2019). Knick overruled the 34-year-old precedent in Williamson County requiring that federal takings claimants seek compensation in state court before being allowed to proceed in federal court.

Presenters Dwight Merriam and Robert Thomas will discuss reaction to the decision — which has been as divided as the Court. Was this the conservative justices having their way? Is it a right versus left issue? Did that baby, stare decisis, get thrown out with the old ripeness bathwater? Will the federal courts become a forum resembling a small town zoning board of appeals, buried in trivial cases to the detriment of more important issues on the docket?

In this fast-paced half-hour, we'll ripen the ripeness problem for you, poke about the entrails of the decision to conjure up its true meaning, offer up a doyens' debate on other pundits' prognostications, and preview the in-depth program which will be held at the upcoming ABA Annual Meeting in San Francisco (Thursday, August 8, 2019).


  • Professor Sarah Adams-Schoen, University of Oregon School of Law


  • Dwight H. MerriamLand Use Attorney; Fellow & Past President, American Institute of Certified Planners
  • Robert H. ThomasDirector, Damon Key Leong Kupchak Hastert; Joseph T. Waldo Visiting Chair in Property Rights Law, William & Mary Law School

July 22, 2019 | Permalink | Comments (0)

Thursday, July 18, 2019

Call for Papers: State and Local Government Responses to the Affordable Housing Crisis: ABA Journal of Affordable Housing & Community Development Law

I am delighted to be the new editor-in-chief of the ABA Journal of Affordable Housing & Community Development Law.  Below is a call for papers for the next issue.  We welcome submissions both relative to the theme of the issue and within the Journal’s broader scope, too.  Feel free to contact me if you want to discuss an idea or a submission.


ABA Journal of Affordable Housing & Community Development Law

 Call for Papers

State and Local Government Responses to the Affordable Housing Crisis

Drafts due September 1, 2019

The Journal of Affordable Housing & Community Development Law (the Journal) invites articles and essays discussing how state and local governments are responding to the affordable housing crisis.  Example topics could include investigation of new state statues, local ordinances, or policies regarding:  rent control / rent stabilization; inclusionary zoning; source of income provisions; funding affordable housing; state-level affirmatively further fair housing provisions; and re-zoning single-family residential districts for higher densities.  Other relevant topics are welcome.  The Journal publishes both essays (typically 2,500–6,200 words) and articles (typically 7,000-10,000 words). 

In addition, the Journal welcomes articles and essays on any of the Journal’s traditional subjects: affordable housing, fair housing and community/economic development. Topics could include important developments in the field; federal, state, local and/or private funding sources; statutes, policies or regulations; and empirical studies.

The Journal is the nation’s only law journal dedicated to affordable housing and community development law.  The Journal educates readers and provides a forum for discussion and resolution of problems in these fields by publishing articles from distinguished law professors, policy advocates and practitioners.

Interested authors are encouraged to send an abstract describing their proposals. Submissions of final articles and essays are due by September 1, 2019. Please email abstracts and final drafts to the Journal’s Editor-in-Chief, Stephen R. Miller, at millers@uidaho.edu. The Journal also accepts submissions on a rolling basis. Please do not hesitate to contact the Editor with any questions.


July 18, 2019 | Permalink | Comments (0)

Sunday, July 7, 2019

Detroit Mercy hiring announcement for Property Prof

Announcement: Property Law Position

University of Detroit Mercy School of Law seeks a proven or aspiring scholar and teacher with an interest in teaching first-year Property Law for a tenured or tenure-track position beginning 2020-2021.  Applicants must have a law degree and strong academic background and must demonstrate either a record of or potential for both teaching excellence and high scholarly achievement in any area of law.  The balance of the teaching package will be determined in conversation with the successful candidate.

To Apply

Applicants should send a cover letter, which should include a brief description of their ideal teaching package and a general indication of their areas of scholarly interest.  Please direct the cover letter, a current CV, additional supporting materials (if any), and any questions you may have to:

Professor Julia Belian, Chair of Faculty Recruitment

University of Detroit Mercy School of Law

651 East Jefferson

Detroit, Michigan 48226


Materials will be accepted via email or regular mail.  Review of applicants will begin in July 2019 and will continue until the position is filled.

About Our Program of Legal Education

Detroit Mercy Law offers a unique curriculum that complements traditional theory- and doctrine-based course work with intensive practical learning.  Students must complete at least one clinic, one upper-level writing course, one global perspectives course, and one course within our Law Firm Program, an innovative simulated law-firm practicum.  Detroit Mercy Law also offers a Dual J.D. program with the University of Windsor in Canada, in which students earn both an American and a Canadian law degree in three years while gaining a comprehensive understanding of two distinct legal systems.  Interested Dual J.D. students are fully integrated into upper-level U.S. courses.  The program’s first-year U.S. Property Law module could form a component of the teaching package if desired.

Detroit Mercy Law is located one block from the riverfront in Downtown Detroit, within walking distance of federal, state, and municipal courts, the region’s largest law firms, and major corporations such as General Motors, Quicken Loans, and Comerica Bank.  The School of Law is also uniquely situated two blocks from the Detroit-Windsor Tunnel, an international border crossing linking Detroit with Windsor and Canada. 

Detroit offers a dynamic variety of culinary, cultural, entertainment, and sporting attractions.  See https://www.youtube.com/watch?v=DO4J_PC1b5M and learn more at https://www.nytimes.com/2017/11/20/travel/detroit-michigan-downtown.html.

Michigan’s largest, most comprehensive private university, University of Detroit Mercy is an independent Catholic institution of higher education sponsored by the Religious Sisters of Mercy and Society of Jesus.  The university seeks qualified candidates who will contribute to the University's urban mission, commitment to diversity, and tradition of scholarly excellence.  University of Detroit Mercy is an Equal Opportunity Affirmative Action Employer with a diverse faculty and student body and welcomes persons of all backgrounds.

July 7, 2019 | Permalink | Comments (0)

Tuesday, July 2, 2019

West Virginia Law Review Symposium RFP

The West Virginia Law Review invites you to participate in its annual legal Symposium issue (February 27-28, 2020). This year, the United States’s fourth oldest law review will be highlighting the tensions between state and local governments. The Symposium editors are now accepting a select number of proposals for panels and sessions on topics related to home rule, Dillon’s Rule, and preemption such as: energy facility siting; local ordinances on discrimination, minimum wage, and gun regulations; consumer laws; the West Virginia home rule pilot program; and other related issues. The symposium is intended to develop legal scholarship in state and local government law and stimulate discussion between students, academics, and practitioners.

Abstracts of 250-500 words should be submitted through the Google Form (https://forms.gle/PSvv93QWjeCC8uxS7). Abstracts must be submitted by September 3, 2019. Applicants should expect that the Symposium Editors may request further information or the opportunity to discuss the proposal in further detail. Proposals will be reviewed on a rolling basis with final decisions expected no later than the end of September.

For more information about WVLR please visit our website at, wvlawreview.wvu.edu.

For additional information about the annual symposium or potential topic selection, please contact:
Gabrielle Marcum, WVLR Symposium Editor, egmarcum@mix.wvu.edu
Austin Rogers, WVLR Symposium Editor, adr0020@mix.wvu.edu
Jesse Richardson, WVLR Symposium Faculty Advisor, Jesse.Richardson@mail.wvu.edu

July 2, 2019 | Permalink | Comments (0)

Thursday, June 27, 2019

Real Estate Review is seeking articles for its Summer, 2019 edition

Real Estate Review is a quarterly Thomson Reuters publication aimed at legal professionals and the real estate industry more generally.  As editor-in-chief, I am seeking several additional 2,000 - 5,000 word articles for our upcoming edition.  I would need the submissions by late August.  The articles do not need to be copiously footnoted.  Excerpts of larger articles--where permitted by previous publisher--are also welcome.  While articles tend to focus on legal issues, the broader areas of real estate practice are also encouraged!  Case studies are also welcome.

E-mail me if you have interest at millers@uidaho.edu.

RER Logo

June 27, 2019 | Permalink | Comments (0)

Wednesday, June 12, 2019

Famed NYC bookstore "The Strand" is landmarked, and the owner is "pissed" about "needless red tape"

Full story, with big emotions (and expletives), over at Publisher's Weekly and Curbed.




June 12, 2019 | Permalink | Comments (0)

Monday, June 10, 2019

Can you identify cities solely by their densities? Take the quiz!

Test your knowledge of the density of world cities at this Guardian quiz...


June 10, 2019 | Permalink | Comments (0)

Friday, June 7, 2019

New FEMA podcast on building fire-adapted communities

Yeah, that's right, FEMA has a podcast.  And it's pretty good.  The recent edition focuses on building fire-adapted communities.  Worth checking out...

From the FEMA press release:

Today, FEMA released the podcast “Advancing Wildfire Resilience through the Fire Adapted Communities Learning Network.” Since 2013, the Fire Adapted Communities Learning Network (FAC Net) has connected and supported people and communities who are striving to live more safely with wildfire. FAC Net serves as a catalyst for spreading best practices and innovations in fire adaptation concepts nationwide.

FEMA Region 10 visited Ashland, Oregon, in April, interviewing members of FAC Net during its annual workshop. Michelle Medley-Daniel with the Fire Adapted Communities Learning Network, Allie Lerch and Chris Chambers with Ashland Fire & Rescue, and Hilary Lundgren with the Washington Fire Adapted Communities Learning Network shared perspectives and experiences on successes, tools and growth of the network from eight to 24 communities.

Download this episode of the FEMA podcast at www.fema.gov/podcast. The FEMA podcast is available on Apple iTunes and Google Play to stream or download.

About the FEMA Podcast

The FEMA podcast is an audio program series available to anyone interested in learning more about the Agency, hearing about innovation in the field of emergency management, and listening to stories about communities and individuals recovering after disasters.

Approximately 20 to 30 minutes in length, new podcast episodes are updated weekly and each episode includes a link to its transcript.

June 7, 2019 | Permalink | Comments (0)

Thursday, June 6, 2019

Pace seeks Executive Director of Energy and Climate Center

The Elisabeth Haub School of Law at Pace University is seeking an experienced energy innovator to become Executive Director of the Pace Energy and Climate Center.  

The Pace Energy and Climate Center is a unique energy teaching and policy program.  The Executive Director will lead the Center’s experienced and multi-disciplinary team and its students in energy proceedings in New York and throughout the Northeast and in regional efforts to promote energy efficiency and clean energy use.​

Please circulate the position description that follows to contacts in the energy space: https://careers.pace.edu/postings/11480 

June 6, 2019 | Permalink | Comments (0)

Oregon legislature considers single-parcel exemptions from state land use regs

Interesting op-ed about a couple of pieces of state legislation in Oregon targeted at providing single-parcel exemptions from statewide zoning regs.  Query:  how is this not spot zoning?  If it's state legislation, does that mean the spot zoning analysis doesn't apply?  (I have not looked at the underlying regs, which may be more generalized than described in this op-ed...)


HB 3384 seeks the expansion of a non-conforming use — Oak Hill School near Lane Community College — on land zoned exclusive farm use (EFU). This school, on property once owned by Ed King of King Estate and attended by his children, was approved in the EFU zone in 1994 as a conversion of a single-family dwelling. Then it was fast-tracked by staff to help the school obtain a building permit before the adoption of a rule that may have inhibited its conversion.

The school has been allowed to continue as a non-conforming use — a use not normally allowed in the zone — since 2009, and the property and development, together assessed at close to $4.5 million, are paying no taxes. In exchange for these generous concessions came a certain responsibility: The school could not become more non-conforming by expanding uses and activities inappropriate in the farm zone and could not cross the divide between urban and rural.

Notwithstanding, Oak Hill expanded in 2012. Now it wants to expand again and is asking the Legislature to nullify two court decisions that the proposed expansion violates state law, first by the Land Use Board of Appeals (LUBA) and then by the state Court of Appeals, agreeing with LandWatch Lane County, a nonprofit dedicated to the protection of Lane County’s rural lands.

Passing HB 3384 will not only promote a special interest that has lost twice in the court system, it will also corrupt the intent of the non-conforming use provision to protect our resource land and set a precedent by erasing the jurisdictional line that separates the powers of state government. That’s a long way down a slippery slope from the original promise of Oregon’s land use program.

In 2016 Kay King, member of a wealthy logging family, applied for a permit to replace three dwellings that had been demolished by the applicant 22 years ago on one tax lot zoned exclusive farm use (EFU). A statute enacted in 2013 reasonably allows farmers to replace dilapidated farm dwellings on which they’ve been paying taxes for the last five years. No taxes, however, had been paid on the King dwellings since they were demolished, and there was no indication that the new ones would be associated with farm operations. In a recent decision the Oregon Supreme Court affirmed LandWatch Lane County’s appeal to retain the existing regulation.

While that decision was pending, King found a freshman state representative from Redmond, heavily supported by timber and other extractive industries, to sponsor HB 3024 that would overturn the Supreme Court decision. If successful, this would give King what she wants and establish legislation that would allow more houses on farmland regardless of when they may have been removed in the past, whether taxes have been paid and whether they are associated with farm practices.

June 6, 2019 | Permalink | Comments (0)

Wednesday, June 5, 2019

Is zoning a matter of fact or law?

According to an Illinois appellate case that came out this week, zoning can be a matter of fact, not just law, where a real estate broker mis-represented zoning that could not be verified by the buyer.  Fun case worth a read.  As the court notes:

Because Horwich misrepresented to Edson that the space was suitable for a grocer and Edson could not, through ordinary prudence, have discovered that the space was not zoned for commercial use, Horwich's misrepresentations were statements of fact. 

Westlaw cite:  Edson v. Fogarty, 2019 IL App (1st) 181135, ¶ 39,

June 5, 2019 | Permalink | Comments (0)

Monday, May 13, 2019

News from the Pace Land Use Law Center



During the first quarter of 2019, the Center reached out to lawyers, citizens, academics, and land use professionals, publishing a book with the ABA, delivering a distinguished lecture at a partner law school, distributing a 300 page manual with a prominent environmental advocacy organization, and hosting a regional conference.  These efforts reflect what we have learned in our field and clinical work on inclusive communities, water conservation and water quality, and affordable and fair housing: all aspects of our comprehensive work on sustainable development. These outreach efforts involved our staff working or travelling in the Interior West, the Northeast, Baltimore, San Francisco, and at home in our Hudson Valley laboratory.
NEW: Vacant and Problem Properties Book
In May, the American Bar Association Section of State and Local Government Law released a new book co-edited by Executive Director Jessica Bacher, Vacant and Problem Properties. The book provides an assessment of the problems of vacant and distressed properties, the many actions that can be taken to bring these deteriorating assets back into use, and how to write defensible and effective local ordinances and regulations.  As part of the book launch, Jessica presented at the ABA Land Use Institute in Baltimore and the American Planning Association National Conference Bettman Symposium in San Francisco.  You can order a copy of the book here.  
Calming Troubled Waters: Local Solutions
Professor John Nolon delivered the 15th Annual Norman Williams Distinguished Lecture in Land Use Planning and the Law at Vermont Law School on April 4th. His lecture, Calming Troubled Waters: Local Solutions focuses on troubles with regulating water quality under the federal system of law and ideas for building a coherent framework involving all levels of government. The lecture can be accessed here.
Integrating Water Efficiency
into Land Use Planning Guidebook

Earlier this year, Western Resource Advocates andthe Center published Integrating Water Efficiency into Land Use Planning Guidebook to help growing communities throughout the Interior West reduce the water footprint of new development. “This comprehensive guidebook will be an invaluable resource to land use lawyers and planners looking for ways to manage water demands as they face a growing population,” said lead author Jennie Nolon Blanchard, Center Senior Staff Attorney and Adjunct Professor of Law. 

Hudson Valley Affordable Housing Summit
On May 2nd, in partnership with Goldstein Hall PLLC, Housing Action Council, and NHP Foundation, the Center hosted the Third Annual Hudson Valley Affordable Housing Summit.   Panel topics included Opportunity Zones, faith based housing, and a variety of policy and legal approaches to creating affordable housing.  You can access the Summit video here

Gaining Ground Database

Visit our Gaining Ground Information Database featuring a comprehensive collection of land use resources, including federal, state, and local ordinances; commentaries; research papers; and research aids. 

Copyright © 2018 Elisabeth Haub School of Law, All rights reserved.
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May 13, 2019 | Permalink | Comments (0)

Friday, April 19, 2019

Pace University’s Elisabeth Haub School of Law is hiring a Land Use and Sustainable Development Law Graduate Fellow

Pace University’s Elisabeth Haub School of Law is hiring a Land Use and Sustainable Development Law Graduate Fellow. The Fellow will work part time in Pace's Land Use Law Center while working towards an LLM in Environmental Law.

For more information, visit https://law.pace.edu/graduate/llm-graduate-fellowships.

Since 1978, Pace University’s Elisabeth Haub School of Law has provided an internationally acclaimed environmental legal education. Our dedicated faculty have been pioneers in developing and implementing environmental law and continue to serve as national and world leaders in the field. We are the only top environmental law program that is about forty minutes away by train from New York City and two hours away by air from Washington, DC, providing students with easy access to outstanding practice opportunities.  Fellows receive a full tuition waiver and a modest stipend to cover living expenses. Applications for the Land Use and Sustainable Development Fellowship are due April 30, 2019.


About the Land Use Law Center for Sustainable Development (For more information, visit law.pace.edu/landuse)

Established in 1993, the Land Use Law Center is dedicated to fostering the development of sustainable communities and regions through the promotion of innovative land use strategies and dispute resolution techniques. The Center provides research, training, technical assistance, support and strategic planning services to communities.  Working with trained law students, the Center quickly, affordably and effectively develops techniques to remedy nearly all types of land use problems that afflict urban, suburban and rural communities.  The Center enjoys a track record of successful implementation in partnership with local land use leaders, other change agents, and state and federal agencies. 


It accomplishes this through its programs and catalytic demonstration projects, which cover a range of topics, including:

  • Local Environmental Law and Natural Resource Conservation
  • Historic Building and Agricultural Land Preservation
  • Smart Growth
  • Community Economic Development
  • Urban Revitalization
  • Affordable, Fair and Workforce Housing
  • Vacant and Distressed Property Remediation
  • Transit Oriented Development
  • Sustainable Site and Neighborhood Development
  • Green Building Programs
  • Local Wind and Solar Energy Regulation
  • Sea Level Rise
  • Community Resiliency
  • Climate Change Mitigation
  • Collaborative Decision-Making and Facilitation

April 19, 2019 | Permalink | Comments (0)

Wednesday, April 17, 2019

Sustainable Development Code is launching!

As many of you know, Jonathan Rosenbloom (Drake) has been working on updating the Sustainable Development Code, and it is about to re-launch.  Visit sustainablecitycode.org.  More info below.

Also, Jon is working with other land use professors' classes to have students assist in drafting these chapters.  I've integrated this assignment into my class this semester and it has worked really well.  In fact, we are even going to have the students present their SDC section drafts in a CLE for local practitioners we're calling, "Lessons for Fast-Growth Cities:  What Works and Why."  Should be a lot of fun.  


Our mission is to help local governments build more resilient, environmentally conscious, economically secure, and socially equitable communities.

Our recommendations are structured around 32 subchapters that focus on different sustainable development challenges.

On May 15 we will launch two fully drafted subchapters—climate change and wildlife habitat protection—as well as portions of each of the 30 other subchapters.

With more than 250 free, fully searchable recommendations supported by over 1,000 local ordinances, the SDC is the perfect place to dive in and start tackling some of our communities’ most pressing issues.

Please forward this notice to anyone working
with or for local governments. 



Subscribe to our email newsletter! Subscribers will receive
updates on our latest initiatives and be notified when new
subchapters are published.




We want to hear from local governments that are doing great things. If your community recently passed an action to improve the sustainability of your development code, please let us know!





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April 17, 2019 | Permalink | Comments (0)

Monday, April 15, 2019

Idaho Law seeks a visitor for 2019-20 to teach Civ Pro and related courses

Forgive this intrusion into usual land use-related posts, but here is a post from the associate dean side of my brain:

Idaho Law's Boise campus is seeking a visitor for the 2019-20 academic year to teach two semesters of Civ Pro and one or maybe two other courses in consultation with the visitor.  Would be a great opportunity for folks trying to get into the law teaching biz.  Here is the job link:


Feel free to email me if you want to discuss details (millers@uidaho.edu)

April 15, 2019 | Permalink | Comments (0)