Tuesday, August 7, 2012

ABA-RPTE "Professors' Corner" Teleconference on Land Use Cases

The Legal Education and Uniform Laws Group of the ABA Real Property, Trust and Estate Law Section invites you to join the free monthly teleconference, Professors’ Corner, which each month features a panel of professors discussing one or more cases/issues of interest to real estate practitioners and scholars.

This month’s call is Wednesday, August 8, 2012, at 12:30pm Eastern, 11:30 am Central, 9:30am Pacific.

Call-in number: 866-646-6488
Participant Passcode: 5577419753

The call, moderated by Professor James Geoffrey Durham of the University of Dayton School of Law, features three land use scholars discussing recent cases of interest: 

Professor Stephen R. Miller, Associate Professor, University of Idaho College of Law, will be discussing a pending California case, San Francisco Beautiful v. City and County of San Francisco, et al. (Case No. CPF-12-512217, S.F., Cal., Superior Court). The suit challenges the City’s settlement agreement with Metro Fuel, LLC (“Fuel”) that would have ended litigation initially brought by Fuel. The conversation will first focus on procedural challenges made by the San Francisco Beautiful petition, then turn to Fuel’s constitutional claims in this and other cases (Metro Fuel LLC v. City of San Francisco, C 07-6067 PJH, 2011 WL 900318 (N.D. Cal. 2011); Metro Lights LLC v. City of Los Angeles, 551 F.3d 898 (2009), cert denied,  130 S. Ct. 1014 (2009).), which have resulted in some of the most salient discussions of Metromedia’s legacy, and the constitutionality of advertising sign regulation generally, in recent years.

Professor Troy A. Rule, Associate Professor, University of Missouri, Columbia, School of Law, will focus on SNPCO, Inc. v. City of Jefferson City, 2012 WL 987998, a recent Tennessee Supreme Court case analyzing a nonconforming use statute in the context of an annexation.  In SNPCO, the court refuses to allow a fireworks store to continue operating as a preexisting nonconforming use when a city annexes the store property, holding that Tennessee’s nonconforming use statute applies only to zoning and that annexation is not a zoning matter under the statute.  

Professor Kenneth Stahl, Associate Professor and Director, Environmental, Land Use, and Real Estate Law Certificate Program, Chapman University School of Law, will focus on Borough of Sayreville v. 35 Club, LLC, 33 A.3d 1200 (N.J. 2012), a recent New Jersey Supreme Court case discussing the constitutionality of municipal zoning regulations that restrict locations for adult businesses.  In 35 Club, the court held that in determining whether a municipality’s zoning ordinance restricting the location of adult businesses violates the first amendment, trial courts should look to whether adult businesses can find adequate locations elsewhere in the market area, including municipalities across state lines.

Copies of these opinions can be found on the Legal Education and Uniform Laws Group website, http://apps.americanbar.org/dch/committee.cfm?com=RP190000.

Tanya Marsh


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