Continue to check this page for information on the latest news about the Planning and Law Division and other planning and law activities.

March 2024

Webinar - Planning Law Careers in Land Development

Wednesday, March 27, 2024 | 10:30 a.m. - 12:00 p.m. EDT

CM | 1.50

Second in a series of webinars aiming to answer student questions about career paths in the planning and law field, this webinar focuses on individuals working, or interested in working, in developing the built environment. Developers, as the main constructors of the built environment, must be familiar with urban conditions and the legal requirements that govern building on or redeveloping land. In-house counsel for development firms help their clients navigate through legal matters related to developing the built environment. Join us for a 90-minute discussion with four expert panelists, covering topics that include possible career paths in the private sphere, changes in the planning and law field over the years, and the experience and skills needed to enter the field, all with a focus on developers and in-house counsel. This webinar is for students, young professionals, and anyone who is interested in learning more about where a degree in planning, law, or both can take you in the private sphere.

Register

Webinar - Community Land Trusts: Affordable Housing Strategies for Racial and Economic Justice

Tuesday, March 12, 2024 | 1:00 - 2:35 p.m. EDT

CM | 1.50
CM | 1.00 Law

At a moment during which no state has an adequate supply of extremely low-income rental housing, innovative solutions in shared equity housing are helping to cultivate meaningful, lasting social change. As active practitioners in the world of Community Land Trusts, our three guest speakers' unique experiences — derived from legal, administrative, and urban planning perspectives — are invaluable in guiding the work of housing attorneys, planners, and lay advocates alike. This webinar will cover tangible strategies for shared equity housing implementation, tools for effective participatory governance frameworks, and potential institutional or systemic barriers.

Register


August 2022

CURTIN FELLOWSHIP APPLICATION AVAILABLE

The application for PLD's Daniel J. Curtin Fellowship Program is now available. The application deadline is October 1, 2022.

The Fellowship Program is open to third- and fourth-year undergraduate students, first- and second-year master's degree students, and first- and second-year law students. One fellowship is awarded per academic year and includes a $1,500 stipend and a $1,000 stipend for attendance at the APA National Planning Conference. The term of the fellowship is approximately 10 months (the typical length of two semesters or three quarters) and will include approximately 100 to 200 total hours of work. The fellow will conduct their fellowship duties remotely from where they live or attend school.


March 2022

WEBCAST – PRESERVATION AND ZONING FOR CEMETERIES: What Lies Ahead

Monday, March 21, 2022 | 1:30–2:30 p.m. CT

CM | 1.50
CM | 1.00 Law

1.0 CLE available

There is controversy about how to best use cemeteries. On one hand, cemeteries are seen as a place of rest for the deceased. In recent history, cemeteries can be parks, often with low traffic and low activity. On the other hand, cemeteries are opportunities to explore oral histories and celebrate the immediate community. Some cemeteries have recently explored alternative burial practices, commercial activity and historical education. Still more circumstances call for removal of burial sites, sometimes for development needs, and at other times for protection of managed cemeteries. This webinar will explore these often-overlooked residential areas by focusing on the preservation, zoning and future uses of burial sites.

The speakers will discuss the economic burden of death and possible environmental regulations that can facilitate traditional, green and innovative burials. The webinar will cover recent case law regarding burial site removal for commercial development in Atlanta, as well as the new Atlanta Cemetery Network, and will discuss state regulations and zoning for pet cemeteries, which are increasingly in demand as pets are increasingly considering to be core family members.

Presenters:

Doug Young, City of Atlanta
Victoria Haneman, Creighton University
Patricia Salkin, Touro University


April 2021

WEBCAST – Legal and Policy Reforms to Streamline Equitable ADU Development

Wednesday, April 21, 2021 | Noon–1:40 p.m. CT

CM | 1.50 | Law

CLE through Illinois State Bar

One avenue to ameliorate the pressures of the housing crisis is to encourage infill development via Accessory Dwelling Units (ADU). ADU's vary in name, from "granny flats" to "backyard cottages", but one thing stands true: the creation of ADU's in a property-owner's backyard may, in the aggregate, contribute to a locality's residential stock — and at a more affordable rate. As the trend to build ADU's builds more momentum across the United States, how can different public and private actors work alongside local and regional government agencies to support the development of Accessory Dwelling Units?

Speakers are Shane Phillips, UCLA Lewis Center Housing Initiative, Annie Fryman, Director of Cities at Abodu, Xiomara Cisneros, Housing Manager at Chan Zuckerberg Initiative, Dylan Casey, California Renters Legal Advocacy, Marjan Kris Abudo, 2021 Research Clerk for the Planning and Law Division.


March 2021

SMITH-BABCOCK-WILLIAMS STUDENT WRITING COMPETITION

The Planning & Law Division of the American Planning Association announces its 38th Annual Smith-Babcock-Williams Student Writing Competition. The winning entry will be awarded a prize of $2,000, the second-place paper will receive a prize of $400, and one honorable mention paper will receive $100. All three winning entries will be published in the semi-annual newsletter of the Planning and Law Division.


February 2021

WEBCAST – Fair Housing Law Under the Biden Administration

Thursday, February 25, 2021 | 12:00 p.m. - 1:30 p.m. CT

CM | 1.50 | Law

CLE through Illinois State Bar

More than 50 years after the Fair Housing Act's passage, fair housing remains a lightning rod issue. Both the Obama and Trump Administrations made sweeping changes to fair housing regulations – and we expect President Biden to make further moves. These reforms carry huge consequences: not just for planners and land use attorneys, but for neighborhoods across America.

Speakers are Anika Singh Lemar, Clinical Professor at Yale Law School, Daniel Lauber, AICP, with Planning/Communications, Zachary Best, Esq., with Relman Colfax PLLC, and Nick Abbott, 2020-21 Curtin Fellow for the Planning and Law Division.


October 2020

Meet Our New Curtin Fellow

The Planning and Law Division welcomes Nicholas Abbott as this year's recipient of the Daniel J. Curtin Fellowship. Nick is a second-year law student at Harvard Law School. As an undergraduate at Harvard College, Nick concentrated in Social Studies and wrote his thesis about segregation in housing and schools in southwestern Connecticut. Prior to law school, Nick worked as a San Francisco Fellow for the San Francisco's Department of Public Works, where he assisted with the Department's "navigation center" projects for the homeless. Nick has also spent time interning with the New York City Economic Development Corporation, the US Department of Housing and Urban Development, and the Housing Section at the US Department of Justice. Nick is interested in land use law and equitable planning, and he is eager to meet and learn from the members of the Planning and Law Division during his Curtin Fellowship.

Webcast — Sky's the Limit: Drone Regulatory Implications

Thursday, October 22, 2020 | 12:00–1:30 p.m. CT

CM | 1.50 | Law

CLE through Illinois State Bar

Aerial drones (sometimes described as "UAS" or "UAV"), have a host of planning applications across urban, regional, rural, and agricultural geographies. From a general aerial surveying perspective, these applications frequently include site analysis and visualization, GIS mapping and modeling, and photosimulations. Sub-disciplines within the planning field such as transportation, environmental, and disaster planning already utilize small drones' aerial sensors for real-time data collection, infrastructure inspection, project management, and project development. These technologies can facilitate new ways of practicing community engagement. Given the broad applications of this technology across multiple planning disciplines, there is a general need for planners to enhance their awareness of relevant federal regulations, administrative guidance published by the Federal Aviation Administration, and court cases that collectively define the legal operation of small drones. Essentially, if you plan to use this technology in your planning practice, you must know the rules. While acknowledging there are still significant gaps in the legal landscape for small drone operation, this program will discuss useful precedents to help you develop a use-case that is most likely to protect your planning practice and elected officials.. Even though state and federal legislatures continue to debate the regulatory environment to operate small drones, there is some present-day certainty regarding what state and local government can — and cannot — regulate. Our expert panelists will explain the ways in which your city or state planning department could use small drones to enhance your planning efforts, prepare you to navigate the risks in the grey area, and offer insight on how to avoid the pitfalls.  

Speakers include Wendie Kellington of Kellington Law Group, PC; Monte Mills of Greene Espel Law Firm; Richard Stephens of WHPacific, Inc. an NV5 company; and Dr. Amber Woodburn McNair, Assistant Professor, City and Regional Planning Section, Knowlton School at The Ohio State University.


July 2020

Webcast — Housing for Diversity: Ending Segregation Through Zoning

Thursday, July 30, 2020 | 12:00–1:30 p.m. CT

CM | 1.50 | Law

CLE through Illinois State Bar

In 1974, the Supreme Court declared it constitutional for a locality to limit zoning districts to detached homes occupied by traditional, blood-related families. Now, nearly 50 years later, the viability and fairness of that ruling is debatable as the effects of race-, ethnic-, and income-segregated housing are laid bare in recent national events, increasing numbers of people choose nontraditional living arrangements, sharing economy platforms such as AirBnB offer seemingly unlimited opportunities for communal living, and traditional forms of housing are becoming increasingly unaffordable for many people. This panel of legal and policy experts will address the ways in which local governments can and should be modernizing zoning regulations to accommodate inclusion and modern living arrangements, with an eye toward achieving greater access to and fairness in housing. In addition to developing policy solutions, speakers will offer specific recommendations for code drafting and other regulatory programs.

Speakers include Sara Bronin, Thomas F. Gallivan Chair of Real Property Law at UConn Law School; Lisa T. Alexander, Professor of Law at Texas A&M University School of Law; Kellen Zale, Associate Professor at the University of Houston Law Center; and Brian Connolly, Shareholder at Otten Johnson Robinson Neff + Ragonetti PC.


June 2020

Curtin Fellowship Application Available

The application for PLD's Daniel J. Curtin Fellowship Program is now available. The application deadline is September 15, 2020.

The Fellowship Program is open to third- and fourth-year undergraduate students, first- and second-year master's degree students, and first- and second-year law students. One fellowship is awarded per academic year and includes a $1,500 stipend and a $1,000 stipend for attendance at the APA National Planning Conference to be held in Boston in May 2021. The term of the fellowship is approximately 10 months (the typical length of two semesters or three quarters) and will include approximately 100 to 200 total hours of work. The fellow will conduct their fellowship duties remotely from where they live or attend school.


February 2020

Webcast — Deregulatory trends in Land use

Thursday, March 19, 2020 | 1:00–2:30 p.m. CT

CM | 1.50 | Law

CLE through Illinois State Bar

Rising housing costs and environmental concerns have led to efforts to "upzone" communities by deregulating limits on higher-density residential uses, providing density incentives for developments that include affordable housing, or eliminating single-family zoning altogether. Are these deregulatory trends a sign of a fundamental shift in land-use philosophies? This webinar will discuss recent and proposed legislation in Minnesota and California that illustrate these trends, as well as the potential legal issues that come with such legislation.

Speakers include Zachary Wefel, Esq. with Wefel Law Firm PLLC; William Fulton, AICP, Director of the Kinder Institute for Urban Research at Rice University; and Kimberly Ferrari, 2019-20 Curtin Fellow for the Planning and Law Division.


October 2019

Meet Our New Curtin Fellow

The Planning and Law Division welcomes Kimberly Ferrari as this year's recipient of the Daniel J. Curtin Fellowship. Kim Ferrari is a second-year law student at the University of San Diego. She received a BA in Political Economy and Environmental Studies from Tulane University and a Master of Sustainable Real Estate Development from Tulane University. Her master's thesis involved researching transit-oriented development strategies for the city of Baton Rouge, Louisiana in anticipation of a proposed passenger rail system. Prior to law school, Kim worked at a community bank in New Orleans where she gained experience with community development financing tools such as historic tax credits, new markets tax credits, and low-income housing tax credits. She then worked as a paralegal at Coats Rose, P.C. in New Orleans with the real estate transactional group. Kim is interested in affordable housing and transit-oriented development and, during her Curtin Fellowship, hopes to further examine how housing and environmental laws can create a more sustainable and equitable future for residents in her home state of California.

Webcast — Gentrification, Displacement, and the Law

Thursday, October 10, 2019 | 2:30–4:00 p.m. CT

CM | 1.50 | Law

CLE through Illinois State Bar

The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Gentrification, Displacement, and the Law. Registration for individuals is $20 for PLD members and $45 for nonmembers. Registration for two or more people at one computer is $140.

Gentrification is one of the complex planning challenges of our times, but the legal limits on how local communities can respond to these pressures are often unclear. While there is no shortage of well-meaning ideas about how to slow the gentrification process or mitigate its impacts, some of those ideas may not be legal, and others could have significant unintended consequences. This webinar will review those laws that impose obligations to protect America's citizens against some forms of pressure and discrimination, as well as those that prohibit certain local government actions. This review will include the Community Reinvestment Act, the Fair Housing Amendments Act, the Americans with Disabilities Act, and constitutional limits on interference with contracts or the fundamental right to buy and sell property. However, the real action on gentrification is at the local level, so panelists will also review selected municipal laws and policies.

Speakers are Don Elliott, FAICP, with Clarion Associates, LLC; Bill Anderson, FAICP, with City Economics + Planning Leader; Bijal Patel, Esq., with the Office of City Attorney for Oakland, California; and Chris Schildt with PolicyLink.


September 2019

Winners of 35th Annual Smith-Babcock-Williams Student Writing Competition

The Planning and Law Division would like to congratulate the winners of the 36th annual Smith-Babcock-Williams Student Writing Competition for their exemplary contributions to the field of planning.

First prize goes to Jeff Miles for his article "Benefit or Burden? Assessing Historic Landmark Designations of Religious Buildings Under RLUIPA." Jeff is a 2019 graduate of the University of North Carolina School of Law. He currently practices in King & Spalding's Atlanta office where he is a member of the firm's Trial and Global Disputes group.

Second prize was awarded to Kayla M. Race for her article "A Tale of Two Portlands: How Port Cities Can Survive Dormant Commerce Clause Challenges to Fossil Fuel Shipping Restrictions." Kayla will graduate in May 2020 from the University of Utah, S.J. Quinney College of Law, where she is the Editor-in-Chief of the Utah Law Review, has worked as a research fellow for the College of Law's Stegner Center on Land, Resources, and the Environment, and won best team brief at the 2019 Pace National Environmental Moot Competition.

Finally, honorable mention was awarded to Bethany Ring for "Ripples in the Pond: United States Supreme Court Decision Impact Predictions v. Reality." Bethany will graduate in 2020 from Chapman University's Dale E. Fowler School of Law where she serves as the Senior Symposium Editor for Chapman Law Review and writes amicus briefs for her school's Constitutional Jurisprudence Clinic. She hopes to practice municipal defense with an emphasis on environmental issues after graduation.


July 2019

Webcast — What the Supreme Court's Knick Decision Did and Did Not Change

Tuesday, July 30, 2019 | 1:00–2:30 p.m. ET

CM | 1.50 | Law

CLE through Illinois State Bar

In June a divided Supreme Court overturned part of a longstanding precedent that generally required plaintiffs alleging unconstitutional takings to first try and fail to obtain compensation under state law before pursuing a federal takings claim. Property rights activists celebrated their one-vote win, but as a practical matter does the decision really change things for planners?

Speakers include John Baker, Esq., one of the founding attorneys of Greene Espel PLLP in Minneapolis and Deborah Rosenthal, Esq., FAICP, Of Counsel at FitzGerald Yap Kreditor LLP in Irvine, California.


March 2019

Smith-Babcock-Williams Student Writing Competition

The Planning & Law Division of the American Planning Association announces its 36th Annual Smith-Babcock-Williams Student Writing Competition. The winning entry will be awarded a prize of $2,000 and submitted for publication in The Urban Lawyer, the law journal of the American Bar Association's Section of State & Local Government Law. The Second Place paper will receive a prize of $400, and one Honorable Mention prize of $100 will be awarded as well.

Webcast — How Land Use and Natural Resource Regulations Are Shaping the Legal Cannabis Industry

Thursday, March 21, 2019 | 2:00–3:30 p.m. ET

CM | 1.50 | Law

CLE through Illinois State Bar

This webinar will explore how various land use and natural resource regulations shape the development of the legal cannabis industry. The scope of the conversation will range from regulatory options municipalities may consider as the legal cannabis industry develops to how individual businesses are fostered or stifled as a result of certain regulations. One goal of this webinar is to help practitioners identify key cannabis industry issues they should consider in working with either government officials or business owners.

Speakers include Erin Lapeyrolerie, PLD's 2018-19 Curtin Fellow, Karla Chaffee, Esq., Counsel for Robinson & Cole LLP in Boston, Sunshine Lencho, Esq., Senior Associate at Hinman & Carmichael LLP in San Francisco, Joanna Hossack, Esq., Associate at Clark Neubert LLP in Sacramento and San Francisco, and Christina Sava, Managing Attorney at Anthony Law Group in Oakland.


January 2019

Webcast — Planning and Law Caselaw Update

Thursday, January 31, 2019 | 1:00–2:30 p.m. ET

CM | 1.50 | Law

CLE through Illinois State Bar

The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Planning and Law Caselaw Update on Thursday, January 31, 2019, from 1:00 to 2:30 p.m. ET. Registration for individuals is $20 for PLD members and $45 for nonmembers. Registration for two or more people at one computer is $140.

The U.S. Supreme Court, federal courts, and state courts all play an important role in shaping planning throughout the country. This annual review delves into the important cases, the decisions that were made — or not made — and how this will affect planning at many levels. It will also consider new legislative developments, both at the local and federal levels, which may influence the future of planning.

Speakers are John Baker, Esq., founding attorney of Greene Espel, Deborah M. Rosenthal, Esq., FAICP, partner at Fitzgerald Yap Kreditor LLP, and Alan Weinstein, Esq., Professor of Law at Cleveland State University's Cleveland-Marshall College of Law and Professor of Urban Studies at CSU's Maxine Goodman Levin College of Urban Affairs.


October 2018

Meet Our New Curtin Fellow

The Planning and Law Division welcomes Erin Lapeyrolerie as this year's recipient of the Daniel J. Curtin Fellowship. Erin is in her final year at both UC Berkeley and UC Hastings where she is pursuing a dual degree in law and city planning, respectively. Prior to this, Erin earned a BA in economics at New College of Florida.

Erin is excited to work with planning and law experts and to independently study the alternative relationships that humans can have with the land and how our relationship with land impacts overall human health and wellbeing. Examples include regulations around extracting resources from the land and commodification of residential properties.

Erin hopes that the knowledge she gains and distributes through this fellowship will lead to concrete actions that she and others can take to work with communities to create healthy, stable, happy, and sustainable neighborhoods.

Webcast: Planning, Law, and Plain English

Thursday, November 1, 2018 | 1:00 p.m.–2:30 p.m. ET

CM | 1.50 | Law

CLE through Illinois State Bar

This webinar will examine how words frame our understanding of often complex concepts and demonstrate how our choice of words can either illuminate the concept or make it impossibly difficult to comprehend. The speakers will use real-world examples of how English serves or compromises important planning and development policies and regulations and provide useful drafting tips that can make even the most verbose writer elegantly efficient. Speakers are David Silverman, AICP, Partner at Ancel Glink in Chicago and Kimberley Mickelson, AICP, Sr. Asst City Attorney for Planning and Development, City of Houston Legal Department, Real Estate Division.


September 2018

Winners of 35th Annual Smith-Babcock-Williams Student Writing Competition

PLD would like to congratulate the winners of the 35th annual Smith-Babcock-Williams Student Writing Competition for their exemplary contributions to the field of planning.

First prize goes to Andrew Bauman for his article "Legally Enabling a Modern-Day Mayberry: A Legal Analysis of Form-Based Codes." Andrew graduated in May 2018 from Saint Louis University School of Law with a Concentration in Urban Development, Land Use and Environmental Law. He is an Associate Attorney at Wegmann Law Firm in Hillsboro, Missouri, and is a member of the Missouri Bar.

Second prize was awarded to Emma Akrawi for her article "Conservation Easements & Adaptation: Considering a Climate Lens." Emma will graduate in 2019 from Vermont Law School. After completing a judicial clerkship, Emma hopes to pursue work in support of people mitigating climate change through sustainable energy, land use, and agricultural practices.

Finally, honorable mention was awarded to Alyssa Bruns for "Murr v. Wisconsin: When State and Local Land Use Regulation Becomes Takings." Alyssa will graduate in 2019 from Mitchell Hamline School of Law and plans to pursue a career in real property.


July 2018

Webcast: Rules of the Game: A Framework for Fair & Effective Zoning Hearings

Thursday, July 26, 2018 | 1:00 p.m.–2:30 p.m. ET

CM | 1.50 | Law

CLE through Illinois State Bar

This webinar will cover the legal requirements for public hearings, including constitutional due process considerations, and provide tips on how to more effectively manage these hearings. Speakers include David Silverman, AICP, Partner at Ancel Glink in Chicago and Kurt Asprooth, an Associate at Ancel Glink.


June 2018

Curtin Fellowship Application Available

The application for PLD's Daniel J. Curtin Fellowship Program is now available. The application deadline is September 15, 2018.

The Fellowship Program is open to third and fourth year undergraduate students, first and second year master's degree students, and first and second year law students. One fellowship is awarded per academic year and includes a $1,500 stipend and a $1,000 stipend for attendance at the APA National Planning Conference to be held in San Francisco in April 2019. The term of the fellowship is approximately 10 months (the typical length of two semesters or three quarters) and will include approximately 100 to 200 total hours of work. The fellow will conduct his or her fellowship duties remotely from where he or she lives or attends school.


January 2018

Smith-babcock-williams student writing competition

The Planning & Law Division of the American Planning Association announces its 35th Annual Smith-Babcock-Williams Student Writing Competition. The winning entry will be awarded a prize of $2,000 and submitted for publication in The Urban Lawyer, the law journal of the American Bar Association's Section of State & Local Government Law. The Second Place paper will receive a prize of $400, and one Honorable Mention prize of $100 will be awarded as well.


December 2017

Webcast: Special Topics in Planning and the First Amendment: signs, Adult Businesses, Religious Land uses, and More

Thursday, December 14, 2017 | 1:00 PM–2:30 p.m. ET

CM | 1.50 | Law

CLE through Illinois State Bar

Planning and zoning in areas involving rights protected under the First Amendment, including the rights to free speech and freedom of religion, can be tricky. This webinar will review several areas in which planners interact with the First Amendment, including in the areas of signs, religious land uses, adult businesses, and even some other interesting areas such as the regulation of gun shops, tattoo parlors, public monuments, and other topics. Presenters will poll the audience at the beginning of the webinar to determine specific topics in which attendees are interested, and will tailor the presentation to attendees' interests. Speakers include Daniel Bolin of Ancel Glink, Brian Connolly of Otten Johnson Robinson Neff & Ragonetti, P.C., and Evan Seeman of Robinson & Cole LLP.


September 2017

Meet Our New Curtin Fellow

The Planning and Law Division welcomes Matthew Norchi as this year's recipient of the Daniel J. Curtin Fellowship. Matthew Norchi is a third-year graduate student at the University of North Carolina at Chapel Hill where he is pursuing a dual degree in law and urban planning. Prior to attending UNC, he received a B.A. in History from the University of South Carolina. Matt is interested in helping to address economic and societal inequality, with particular focuses on equitable land use planning and affordable housing development. This past summer, Matt worked as a summer intern at the City Attorney's Office in Charlotte, North Carolina. As a Curtin Fellow, Matt hopes to learn from experts in the planning and legal fields and develop a deeper understanding of how planning and legal methods can help further affordable housing and community development.

Winners of 34th Annual Smith-Babcock-Williams Student Writing Competition

PLD would like to congratulate the winners of the 34th annual Smith-Babcock-Williams Student Writing Competition for their exemplary contributions to the field of planning.

First prize goes to Matthew Scarano for his article "Withholding Municipal Services to Facilitate Coastal Retreat: Legal Risks and Possibilities. Matt graduated in 2017 from Columbia Law School and will start as a law clerk in the corporate department at Davis Polk in New York City this fall.

Second prize was awarded to Todd Michael Hirsch for his article "Preservation and Progress: An Argument in Favor of Transferable Development Rights." Todd graduated in 2017 from Boston University School of Law with a J.D. and an LL.M in taxation. This fall, he will start at PricewaterhouseCoopers (PwC) as an associate in the International Tax Services group.

Finally, honorable mention was awarded to Monique M. Trammell for "The Benefits and Implications of Developing Tiny Home Communities." Monique graduated in 2017 from Gonzaga University School of Law and plans to pursue a career in property law in Phoenix, Arizona.

Webcast: Solar Planning 101: Opportunities & Obstacles

Monday, September 11, 2017 | 11:00 AM–12:30 p.m. ET

CM | 1.50 | Law

Learn how to integrate solar energy into planning, zoning, and historic preservation processes from two law professors who specialize in these issues. The program will highlight Hartford, Connecticut, a DOE SolSmart Gold community, which has dramatically reduced barriers to solar and serves as a model for other cities.

Speakers include Sara Bronin, Thomas F. Gallivan Chair in Real Property Law and Faculty Director, Center for Energy and Environmental Law at UConn School of Law; and Troy Rule, associate professor of law at Arizona State University's Sandra Day O'Connor College of Law and faculty director of ASU's Program on Law and Sustainability.


August 2017

Webcast: Murr v. Wisconsin: The Supreme Court's Latest "Take" on Taking

Monday, August 14, 2017 | 1:00–2:30 p.m. ET

CM | 1.50 | Law

In Murr v. Wisconsin, the Court ruled 5-3 that a Wisconsin "lot merger" regulation was not an unconstitutional taking as applied to two contiguous parcels, one of which the owners wanted to sell while retaining the other. Rejecting the competing "bright-line rule" positions offered by the owners and the State of Wisconsin, Justice Kennedy announced a new multi-factor test to determine the extent of the appropriate "denominator" in takings claims involving merger provisions applied to contiguous parcels. This webinar will review the facts and ruling in Murr, discuss the dissenting Justices' criticisms of Kennedy's test, and the implications of the Murr ruling both on how state and local governments regulate contiguous parcels and ways that owners of contiguous parcels may react to the ruling.

Speakers include Alan Weinstein, Full Professor with Tenure at Cleveland State University's Cleveland-Marshall College of Law and Maxine Goodman Levin College of Urban Affairs; Nancy Stroud, of counsel at the firm of Lewis, Stroud & Deutsch, PL, and APA Amicus Curiae Committee member; and John Echeverria, Professor of Law at Vermont Law School.


June 2017

Curtin Fellowship Application Available

The application for PLD's Daniel J. Curtin Fellowship Program is now available. The application deadline is September 15, 2017.

The Fellowship Program is open to third and fourth year undergraduate students, first and second year master's degree students, and first and second year law students. One fellowship is awarded per academic year and includes a $1,500 stipend and a $1,000 stipend for attendance at the APA National Planning Conference to be held in New Orleans in April 2018. The term of the fellowship is approximately 10 months (the typical length of two semesters or three quarters) and will include approximately 100 to 200 total hours of work. The fellow will conduct his or her fellowship duties remotely from where he or she lives or attends school.

Webcast: Planning Law & Health Session 2: Zoning & Legal Issues

June 27, 2017

This webinar explores the legal basis of planning to promote and protect public health through land use and zoning. The session addresses the historic connection between zoning, public health, and environmental justice, as well as the legal and ethical challenges to zoning for health. Representatives from both national and local agencies offer their perspectives, followed by a robust Q&A session with the audience. This is the 2nd webinar in a series on the Comprehensive Planning, Zoning Law, and Public Health. The series is offered by the APA in partnership with the CDC's Public Health Law Program, and hosted by APA's Planning & Law Division. (Montrece McNeill Ransom, JD, MPH; Chris Kochtitzky, MSP; Melinda Ramos, J.D., Terri Harding, AICP, panelists)


April 2017

Webcast: Controlling the Local Impacts of Hydrofracking

Wednesday, June 7, 2017 | 1:00–2:30 p.m. ET

CM | 1.50 | Law

The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Controlling the Local Impacts of Hydrofracking. Registration for individuals is $20 for PLD members and $45 for nonmembers. Registration for two or more people at one computer is $140.

Hydrofracking will occur in many states, but federal and state agencies will not regulate many of the adverse local impacts of unconventional gas exploration. On the other hand, local governments will, and without expert guidance may be inclined to prohibit the practice. Some states will respond to local bans by stripping local governments of their authority.

It is vital, therefore, to develop best practices for controlling unregulated local impacts and to deliver them effectively to local governments and leaders. This program will outline the regulatory framework, identify local impacts (positive and negative), and conclude with an exploration of strategies — including both regulatory and non-regulatory actions — that local governments can use to address those impacts.

Speakers include Jessica Bacher, JD, Executive Director of the Land Use Law Center at Pace University, and Josh Galperin, JD, Director of the Environmental Protection Clinic, Lecturer in Law, and a Research Scholar at Yale Law School. Galperin is also a lecturer and the Environmental Law and Policy Program Director at the Yale School of Forestry and Environmental Studies (F&ES).


March 2017

Webcast: Drone Technology: Implications on Policymaking and Design of the Built Environment

March 13, 2017 | 12:30–2:00 p.m. ET

CM | 1.50 | Law

The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Drone Technology: Implications on Policymaking and Design of the Built Environment on Monday, March 13, 2017, from 12:30 to 2:00 p.m. ET. Registration for individuals is $20 for PLD members and $45 for nonmembers. Registration for two or more people at one computer is $140.

The educational objective of this course is to discuss the implications of emerging drone technology on city and town planning. Featuring specialists in the fields of law, urban design, and policymaking, this webinar will examine federal and local legislation pertaining to unmanned aerial vehicles (UAVs). Drone operations raise several concerns for the public given their wide range of recreational and commercial current uses. We will discuss regulations pertaining to these issues and explore how future zoning regulations can best guide the use of drones in our built environment.

Speakers include Dwight Merriam, FAICP, of Robinson & Cole; Jordan Petersen, RLA, LEED AP, of ColeJenest & Stone; Timothy Yin, Director of Data and Privacy at Startup Policy Lab; and Daniel Bolin of Ancel Glink.

Webcast: Planning Law & Health Session 1: Comprehensive Planning

March 15, 2017

This webinar explores the connection between health and the built environment. The session focuses on the comprehensive land use plan, or master plan, for the future development of a community. Comprehensive plans are critical legal documents for two principal reasons: they provide a significant opportunity to educate, engage, and transform the public and public opinion about emerging issues; and, the comprehensive plan guides the adoption of zoning and other land use regulations that shape human settlements and determine whether they foster or frustrate efforts to protect and advance public health. This is the 1st webinar in a series on the Comprehensive Planning, Zoning Law, and Public Health. The series is offered by the APA in partnership with the CDC's Public Health Law Program, and hosted by APA's Planning & Law Division. (Matthew Penn, JD, MLIS; Kim Mickelson, JD, MPA, AICP; Jon Carnegie, AICP/PP, panelists)


January 2017

Smith-babcock-williams student writing competition

The Planning & Law Division of the American Planning Association announces its 34th Annual Smith-Babcock-Williams Student Writing Competition.

The Planning & Law Division of the American Planning Association announces its 34th Annual Smith-Babcock-Williams Student Writing Competition. The winning entry will be awarded a prize of $2,000 and submitted for publication in The Urban Lawyer, the law journal of the American Bar Association's Section of State & Local Government Law. The Second Place paper will receive a prize of $400, and one Honorable Mention prize of $100 will be awarded as well.

ABA Presents 31st Annual Land Use Institute

The American Bar Association's (ABA) Section of State and Local Government will present the 31st Annual Land Use Institute in Miami, February 1–2, 2017, in conjunction with the ABA Midyear Meeting. The event will be held at Three Brickell City Center.

Attorneys, professional planners, and government officials involved in land use planning are invited to attend.

Leading legal practitioners and academics will provide a national perspective on land use issues as well as discuss the most recent legal cases and the latest industry hot topics covering land-use planning. Some of the topics covered are affordable housing, agricultural land, comprehensive planning, development agreements, historic preservation, non-conforming uses, vested rights, and wetlands.

The program will also analyze the state-of-the-art efforts by government to manage land use and development and present the key issues faced by property owners and developers in obtaining necessary governmental approvals.

Previous Events and Announcements

September 2016

Meet Our New Curtin Fellow

The Planning and Law Division welcomes Marcus Mello as this year's recipient of the Daniel J. Curtin Fellowship. Marcus is a fourth-year student at Harvard University's Graduate School of Design where he is pursuing dual master's degrees in architecture and urban planning. He received a B.A. in Art History from Swarthmore College before attending the GSD. Marcus is interested in how policies and laws shape the social and economic conditions of disadvantaged communities, and how designers and policymakers can improve the built environment through physical design and effective policy implementation. Marcus serves as Vice President of the African American Student Union and is co-coordinating a research project that investigates socio-spatial inequities in three major U.S. cities. This past summer, he was a summer associate at the New York City Economic Development Corporation in the Real Estate Transactions Services division. Marcus wants to work at a private design firm and public planning agency during his career. He hopes to build on his knowledge of how planning and legal tools affect fair housing during his Curtin Fellowship.

Winners of 33RD Annual Smith-Babcock-Williams Student Writing Competition

PLD would like to congratulate the winners of the 33rd annual Smith-Babcock-Williams Student Writing Competition for their exemplary contributions to the field of planning.

First prize goes to Jai Keep-Barnes for his article "Inclusionary Zoning as a 'Taking,'" which will be published in The Urban Lawyer. Jai will graduate in 2017 from the University of Hawaii at Mānoa William S. Richardson School of Law. After graduation, Jai will join the litigation department at Bays Lung Rose & Holma in Honolulu and is interested in practicing land use, real estate, and development law.

Second prize was awarded to David G. Ullman for his article "Through-Running and Regional Transit in New York: An Analysis of Legal Structures and Approaches." David will graduate from a joint-degree program with Columbia Law School and Harvard Kennedy School in 2016, after which he will join the NY Corporate Group at Shearman & Sterling LLP in Manhattan, where he hopes to focus on real estate and project finance work.

Finally, honorable mention was awarded to Jesse Nainoa Watson for The Relevant Parcel Question of Murr v. Wisconsin. Jesse will graduate in 2017 from the University of Hawaii at Mānoa William S. Richardson School of Law and plans to work in real estate development, focusing primarily on affordable housing in Hawaii.

July 2016

Curtin Fellowship Application Available

The Fellowship Program is open to third and fourth year undergraduate students, first and second year master's degree students, and first and second year law students. One fellowship is awarded per academic year and includes a $1,500 stipend, a one-year membership in APA and PLD, and a stipend for up to $950 toward attendance at the APA National Planning Conference to be held in New York City in May 2017. The term of the fellowship is approximately 10 months (the typical length of two semesters or three quarters) and will include approximately 100 to 200 total hours of work. The fellow will conduct his or her fellowship duties remotely from where he or she lives or attends school.

June 2016

Webcast

Airbnb & Zoning: A Planner & Lawyer's Guide to Short-Term Rentals
June 6, 2016
1:00–2:30 p.m. ET

The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Airbnb & Zoning: A Planner & Lawyer's Guide to Short-Term Rentals on Monday, June 6, 2016, from 1:00 to 2:30 p.m. EDT. Registration for individuals is $20 for PLD members and $45 for nonmembers. Registration for two or more people at one computer is $140.

Airbnb is a name you're likely familiar with. It's a local official's nightmare and a short-on-rent-tenant's dream. Zoning enforcement officers and building inspectors are issuing violations, hotel industry lobbyists are crying foul play, and New York City has outlawed it altogether. In this webinar, Troy Flanagan, AHLA, George Proakis, City of Somerville, and Ulrik Binzer, Host Compliance, will provide insight into the legal and economic issues surrounding the "sharing economy" titan. Specifically, attendees will learn about the common pitfalls that local governments run into when trying to regulate short-term rentals, the best practices for incorporating local housing and community development objectives into short-term rental regulation, the challenges associated with monitoring compliance with, and enforcing, short-term rental regulations, and the best ways to overcome the compliance and enforcement challenges.

Speakers include George Proakis, Director of Planning for Somerville, MA; Troy Flanagan, Vice President of State and Local Government Affairs at the American Hotel and Lodging Association in Washington, DC; Jeffrey Goodman of Miller Urban Consulting in Louisiana; and Ulrik Binzer of Host Compliance LLC in San Francisco, CA.

January 2016

Smith-Babcock-Williams Student Writing Competition

The Planning & Law Division of the American Planning Association announces its 33rd Annual Smith-Babcock-Williams Student Writing Competition. The winning entry will be awarded a prize of $2,000 and submitted for publication in The Urban Lawyer, the law journal of the American Bar Association's Section of State & Local Government Law. The Second Place paper will receive a prize of $400, and one Honorable Mention prize of $100 will be awarded as well.

The deadline for submission of entries is June 3, 2016, and winners will be announced by August 31, 2016.

October 2015

Webcast

Planning for Religious Uses Under The Religious Land Use & Institutionalized Persons Act
October 22, 2015
1:00–2:30 p.m. ET

Enacted in 2000, the Religious Land Use & Institutionalized Persons Act (RLUIPA) has significantly affected the ways in which local governments plan for religious uses. In some cases, local governments have capitulated under the threat of RLUIPA litigation. In many others, local governments have instead vigorously defended their comprehensive plans of development and review of religious land use applications against such claims. The presenters, who advise local governments and represent religious land use applicants, will explain several different strategies and approaches that can be used to avoid RLUIPA litigation, including through revisions to local zoning codes and accommodating religious uses when appropriate. The presenters, all with RLUIPA litigation experience, will also discuss the different types of RLUIPA claims, the life of an RLUIPA case from start to finish, and approaches that they have found successful.

$20 for PLD members, $40 for non-PLD members, $45 for webinar and PLD membership

Speakers include: Daniel P. Dalton, Dalton & Tomich, PLC (Detroit, MI); John B. Murphey, Rosenthal, Murphey, Coblentz & Donahue (Chicago, IL); Noel W. Sterett, Mauck & Baker, LLC (Chicago, IL); and Evan J. Seeman, Robinson & Cole, LLP (Hartford, CT).

September 2015

Meet Our New Curtin Fellow

The Planning & Law Division welcomes Leonard Cohen as this year's recipient of the Daniel J. Curtin Fellowship. Leonard Cohen is a second year law student at Pace University School of Law in White Plains, New York. Prior to attending Pace, Lenny earned a B.A. in English and Creative Writing at the University of South Florida. Lenny developed an interest for land use and planning while taking an undergraduate architecture course that focused on sustainable cities. He is currently a Junior Associate on Pace's Environmental Law Review, part of Pace's 4th ranked Environmental Law Program. Lenny served as a summer intern at Pace's Land Use Law Center, where he worked on a variety of issues ranging from fair housing to economic development for New York municipalities. He hopes to further a career in planning and the law and believes his role as Curtin Fellow is the first step down that path. Lenny enjoys the adventurous side to life – bouldering, skiing and rock climbing. His favorite hike was Yosemite last summer.

Winners of 30th Annual Smith-Babcock-Williams Student Writing Competition

PLD would like to congratulate the winners of this year's Smith-Babcock-Williams Student Writing Competition for their exemplary contributions to the field of planning.

First prize goes to Daniel DePasquale for his article Land Use Planning - A Pragmatic Proposition: Regionally Planned Coastal TDRs in Light of Rising Seas. Daniel will graduate in 2016 from Western New England University School of Law. Second prize was awarded to Matthew J. McGowan for his article Location, Location, Mis-Location: How Local Land-Use Restrictions are Dulling Halfway Housing's Criminal Rehabilitation Potential. Matthew will graduate from Texas A&M University School of Law in 2015. Finally, honorable mention was awarded to Roni A. Elias for From the Packard Plant to the Pea Patch: Legal Dimensions of the Revitalization of Detroit Through Urban Agriculture. Roni also will graduate in 2015 from Florida A&M University College of Law.

July and August 2015

Register now for our "Double Webinar Package" and get both the July 21 (Reed v. Gilbert) and the August 4 (Horne and ICP) webinars for a discounted price (Planning and Law Division members $30; non-members $60)!

Webcast

A Sign Regulation Apocalypse? Understanding the U.S. Supreme Court's Decision in Reed v. Town of Gilbert
July 21, 2015
1:00–2:30 p.m. ET

The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast A Sign Regulation Apocalypse? Understanding the U.S. Supreme Court's Decision in Reed v. Town of Gilbert on Tuesday, July 21 from 1:00 to 2:30 p.m. ET. Registration is $20 for PLD members and $40 for nonmembers.

On June 15, 2015, the U.S. Supreme Court struck down the Town of Gilbert, Arizona's sign code. In a rare unanimous decision, all of the justices of the Court agreed that the Town's code violated the core First Amendment requirement of content neutrality, and the majority opinion provided new insight on what it means for a regulation to be "content neutral." The Court's decision is expected to put thousands of sign codes at increased risk of legal challenges, which could mean increased legal costs for local governments, as well as potential negative impacts on communities' aesthetic concerns. This program will include presentations by some of the nation's leading scholars and practitioners on First Amendment and land use issues. Panelists will discuss the facts of the Reed case, the Court's rationale for its decision, some of the important questions and unanswered issues stemming from the case, and some helpful practice pointers on sign code drafting and enforcement.

Speakers include Brian J. Connolly, Esq., Otten Johnson Robinson Neff + Ragonetti, P.C., Denver; Daniel R. Mandelker, Esq., Howard A. Stamper Professor of Law at Washington University, St. Louis; John M. Baker, Esq., Greene Espel PLLP, Minneapolis; and Susan L. Trevarthen, Esq., FAICP, Weiss Serota Helfman Cole & Bierman, P.L., Fort Lauderdale, Florida.

Webcast

Housing and Takings: A Look at the U.S. Supreme Court's Inclusive Communities Project and Horne Decisions
Tuesday, August 4, 2015
1:00–2:30 p.m. ET

The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Housing and Takings: A Look at the U.S. Supreme Court's Inclusive Communities Project and Horne Decisions on Tuesday, August 4, 2015, from 1:00 to 2:30 p.m. ET. Registration is $20 for PLD members, $40 for nonmembers, and $45 for the webinar and PLD membership.

In June, the U.S. Supreme Court decided two cases which are likely to have significance for planners. In Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., the Court upheld the use of disparate impact analysis in Fair Housing Act claims. Among other groups, local governments will continue to have potential disparate impact liability, particularly now that the federal Department of Housing and Urban Development has finalized a rule requiring increased scrutiny of zoning and other local regulatory practices as a condition of local governments' receipt of funds through HUD grant programs. In Horne v. Department of Agriculture, the Court found that a raisin producer was entitled to compensation for a taking of property where the federal government fined the raisin producer for failing to turn over raisins as required by a price control law. The Court held that the forced turnover of raisins could be considered a physical invasion of property. The Horne decision represents an expansion of takings law, and it could have a ripple effect on other government regulatory programs requiring the turnover of private property as a condition of market participation. The webinar will cover both cases, including a description of each case's background and holding, the likely consequences for practicing planners.

Speakers include: Brian J. Connolly, Esq., Attorney, Otten Johnson Robinson Neff + Ragonetti, P.C., Denver; David L. Callies, Esq., FAICP, Benjamin A. Kudo Professor of Law, University of Hawaii, William S. Richardson School of Law, Honolulu; Donald L. Elliot, Esq., FAICP, Director, Clarion Associates, LLC, Denver; Steven G. Polin, Esq., Steven G. Polin Attorney at Law, Washington, D.C.

June 2015

Curtin Fellowship Application Available

The Fellowship Program is open to third and fourth year undergraduate students, first and second year master's degree students, and first and second year law students. One fellowship is awarded per academic year and includes a $1,500 stipend, a one-year membership in APA and PLD, and a stipend for up to $950 toward attendance at the APA National Planning Conference to be held in Phoenix in April 2016. The term of the fellowship is approximately 10 months (the typical length of two semesters or three quarters) and will include approximately 100 to 200 total hours of work. The fellow will conduct his or her fellowship duties remotely from where he or she lives or attends school.

New Online Training Available

Two PLD webinars are now available on PLD's training page for members to view for free. The March 31 webinar Lessons from the Sage Grouse: Impacts of the Endangered Species Act on Local Land Use explores what an ESA listing may mean for local governments, how local or regional efforts can be incentivized to cooperate with state or federal policy, how to break down the "sue-settle" model for the betterment of the species, and whether the ESA requires an overhaul and if that is possible. The April 8 webinar Ethical Rules and Considerations for Planners, Planning Commissioners, and Lawyers addresses the ethical rules and considerations governing planners, planning commissioners, and lawyers who work with planners and appear before planning commissions. The webinar covers the primary sources of ethical rules, common ethical mistakes, and procedures to correct common mistakes. CM credit is not available to viewers after the live webcast date.

View previously recorded webcast

April 2015

Webcast

Ethical Rules and Considerations for Planners, Planning Commissioners, and Lawyers
April 8, 2015
1–2:30 p.m. EST

Sponsored by Planning and Law Division

This webcast explores the ethical rules and considerations governing planners, planning commissioners, and lawyers who work with planners and appear before planning commissions. The webinar will cover the primary sources of ethical rules, common ethical mistakes, and procedures to correct common mistakes. In addition, the webinar will have an interactive component that will enable participants to interact with the presenters and other participants on ethical scenarios.

March 2015

Webcast

Lessons from the Sage Grouse: Impacts of the Endangered Species Act on Local Land Use Planning
March 31, 2015
3:30–5:00 p.m. EST

Sponsored by Planning and Law Division

This webcast explores what an ESA listing may mean for local governments, how local or regional efforts can be incentivized to cooperate with state or federal policy, how to break down the 'sue-settle' model for the betterment of the species, and whether the ESA requires an overhaul and if that is possible.

Speakers include Fred Jarman of the Building & Planning Department for Colorado's Garfield County; John Harja of Utah's Public Lands Policy Coordinating Office; Dr. Rob Roy Ramey of Wildlife Science International; and Damien M. Schiff of Alston & Bird. Sorell E. Negro of Robinson & Cole will moderate the panel.

CBA Event on Administrative Law Practice and Strategy

March 31, 2015
6–8 p.m. ET
CBA Law Center
30 Bank Street
New Britain, Connecticut 06051

The Planning and Law Division of the American Planning Association is pleased to be an event supporter for the Connecticut Bar Association's upcoming CLE event Administrative Law Practice and Strategy: Tips, Tricks, and Pitfalls that Every Administrative Law and Land Use Practitioner Should Know, March 31 from 6–8 p.m. ET at the CBA Law Center in New Britain, CT.

About the Program: This program will provide a unique opportunity for practitioners to learn valuable lessons in administrative and land use practice and strategy from experienced judges and practitioners. Our panel will address important considerations and nuances in Connecticut practice, recent substantive and procedural developments in the law, and offer tips, tricks, and advice on how to avoid or address pitfalls that practitioners commonly face, before local agencies at the administrative level all the way to court in related litigation.

Who Should Attend: Administrative Law and Land Use practitioners of all levels, especially new attorneys and those with intermediate experience who practice before Connecticut's agencies, planning and zoning boards, and courts.

What Will Attendees Learn: (1) Nuances about Connecticut administrative and land use law and some insight into the lifecycle of an administrative or land use matter; (2) Recent developments in Connecticut administrative and land use law, including recent cases, new statutes, and regulations; (3) Tips, tricks, and how to avoid or address common issues that arise in administrative and land use proceedings before agencies and courts.

Learn more

February 2015

New Online Training Available

The November 25 webinar Fair Housing, Affordable Housing, and Local Planning and Zoning is now available on PLD's training page for members to view for free. Presented by Donald L. Elliot, FAICP and Brian J. Connolly, this webcast explores the complex relationship between fair housing and zoning and provides guidance on how planners can reduce litigation risk. CM credit is not available to viewers after the live webcast date.

View previously recorded webcast

January 2015

Smith-Babcock-Williams Student Writing Competition

The Planning & Law Division of the American Planning Association announces its 32nd Annual Smith-Babcock-Williams Student Writing Competition. The winning entry will be awarded a prize of $2,000 and submitted for publication in The Urban Lawyer, the law journal of the American Bar Association's Section of State & Local Government Law. The Second Place paper will receive a prize of $400, and one Honorable Mention prize of $100 will be awarded as well.

The deadline for submission of entries is June 5, 2015, and winners will be announced by August 28, 2015.

November 2014

PLD Newsletter: Summer/Fall 2014

The Planning and Law Division has released its Summer/Fall 2014 newsletter, which features the following articles and columns:

  • A $6.5 Million Lesson in RLUIPA Defense
  • Sharing Law and Intentional Communities: A Planning Solution for Urban Poverty
  • PACE Financing for Green Economic Development
  • How to Discover a Wolf in Sheep's Clothing
  • Opinion Commentary: Toward Authentic Public Engagement
  • Student Research Memorandum on RLUIPA
  • I Read It in the Blogs
  • Webinar Initiatives Update
  • A CM/MCLE Accreditation Checklist
  • Movie Review: Dirt! The Movie

Access the full newsletter

New Online Training available

The October 22 webinar Sex, Guns & Drugs: Planning for Controversial Land Uses is now available on PLD's training page for members to view for free. Presented by Daniel J. Bolin and Gregory W. Jones of Ancel Glink, this webcast explores if and where controversial businesses belong in communities. CM credit is not available to viewers after the live webcast date.

View previously recorded webcast

Meet PLD's 2014–2015 Curtin Fellow

The Planning & Law Division is pleased to announce Brett Peanasky as this year's recipient of the Daniel J. Curtin Fellowship. Brett is currently pursuing a dual JD + MCP degree program at the University of Pennsylvania. Prior to attending Penn, Brett earned a B.A. in Architecture at Miami University in Oxford, Ohio. After graduation he served as the 2009-2010 Vice President of the American Institute of Architecture Students, worked as a consultant to the American Institute of Architects Center for Emerging Professionals, and was a program intern for the APA Energy and Climate Partnership of the Americas.

While studying at Penn, Brett has worked as a green buildings law research assistant to professor Cary Coglianese and a legal intern in the Real Estate & Economic Development Division of the City of Philadelphia Law Department. He also contributes to the Penn Environmental Law Project and the Garden Justice Legal Initiative of the Public Interest Law Center of Philadelphia and serves as an associate editor of the University of Pennsylvania Journal of Law and Social Change.

Brett aspires to be both a planner and a lawyer. He plans to build a career that allows him to use the tools of planning and law to effect environmental and civic progress, particularly through land preservation, regional planning and governance, and climate change planning. Brett enjoys reading historical fiction, listening to comedy podcasts, and walking along the streets and paths of Philadelphia with his wife and dog. His favorite cities (so far) are Savannah and London.

Webcast

Fair Housing, Affordable Housing, and Local Planning and Zoning: Understanding the Obligations and Reducing Your Community's Legal Risk
November 25, 2014
Sponsored by Planning and Law Division

During this webinar, Don Elliot of Clarion Associates and Brian Connolly of Otten, Johnson, Robinson, Neff & Ragonetti, will discuss the connection between local land use regulation and the federal Fair Housing Act. The webinar will be held from 2-3:30 p.m. Eastern; 1–2:30 p.m. Central; 12–1:30 p.m. Mountain; 11 a.m.–12:30 p.m. Pacific.

October 2014

Webcast

Sex, Guns & Drugs: Planning for Controversial Land Uses
October 22, 2014
Sponsored by Planning and Law Division

The U.S. Constitution guarantees freedom of expression, freedom of religion, and the right to bear arms. But it's not that simple. Businesses that rely on these constitutional guarantees continue to generate controversy in communities across the country. To compound matters, state legislatures from Arizona to Massachusetts have been busy granting new — and in many cases, previously unheard of — rights to marijuana and firearm retailers.

This has rapidly drawn planners and zoning practitioners into the debate over how these businesses best fit into their communities, and whether their communities are legally obligated to accommodate these uses in the first place. Spend an hour learning about the issues and regulatory strategies from around the country. (Daniel J. Bolin and Gregory W. Jones, panelists)

2014 SBW Writing Competition

After careful consideration, the Planning and Law Division will not award a prize for this year's Smith Babcock Williams Writing Competition. PLD received fewer entries this year after advertising the competition in the same way it has for many years. We are grateful to all of those students who submitted entries, but unfortunately none of these entries rise to the quality of past competition winners, and none merits a financial prize or publication in the Urban Lawyer. To increase submissions in 2015 while maintaining its high standards, PLD will research new ways to advertise its writing competition and will mount a strong advertising campaign for the Smith Babcock Williams Writing Competition in early 2015. We are hopeful that the submissions will return to the level of quality that they reached in previous years.

September 2014

Law Talk and Social: Responses to Sea Level Rise

APA Policy and Advocacy Conference
September 28, 2014
3-5 p.m.
Washington Court Hotel, Washington, D.C.

PLD is excited to co-host a complimentary panel discussion and social event on Sunday, September 28, at the APA Policy and Advocacy Conference in Washington, D.C.

The event will begin with a panel discussion of local, state, and federal responses to sea level rise that will spotlight private and government attorneys working in the areas of coastal protection and resiliency. The panel will provide an overview and kick off a lively discussion of strategies to navigate public and private responses to sea level rise and storms.

Panelists include Jessica Grannis with the Georgetown Climate Center, John Nolon of Pace University's Land Use Law Center, and Samantha Medlock from the White House Council on Environmental Quality (invited).

Immediately following the panel discussion, participants are invited to join Washington-based attorneys and students for a reception to continue the conversation. Free for all participants, PLD encourages law and planning students and local lawyers to attend this exciting event to learn more about this hot topic and take advantage of this excellent networking opportunity!

July 2014

Webcast

Land Use & Climate Change: 20 Years After Lucas
July 18, 2014
Sponsored by Planning and Law Division and APA Webcast Consortium

In Lucas v. South Carolina Coastal Council, the U.S. Supreme Court established the "total takings" test for evaluating whether a regulatory action constitutes a taking that requires compensation. Review planning-related U.S. Supreme Court decisions, from the landmark Lucas case through the recent Koontz decision. You'll get useful tips for navigating regulations while you protect your community's environment. (David Silverman and John Nolon, panelists)

June 2014

Curtin Fellowship Application Available

The Fellowship Program is open to third and fourth year undergraduate students, first and second year master's degree students, and first and second year law students. One fellowship is awarded per academic year and includes a $2,000 stipend, a one-year membership in APA and PLD, and a stipend for up to $950 toward attendance at the APA National Planning Conference to be held in Seattle in April 2015. The term of the fellowship is approximately 10 months (the typical length of two semesters or three quarters) and will include approximately 100 to 200 total hours of work. The fellow will conduct his or her fellowship duties remotely, i.e., from where he or she lives or attends school.

May 2014

Takings Conference 2014

September 19, 2014

The 17th Annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations will be held on September 19, 2014, at UC Davis School of Law in Davis, California. This conference explores the regulatory takings issue as it relates to land use and environmental regulation. In addition to offering a basic education in modern takings law, the conference brings together a diverse group of leading scholars and experienced practitioners to discuss cutting-edge issues raised by recent decisions and pending court cases. Some of the topics to be discussed include the practical implications of the Supreme Court's 5 to 4 decision in Koontz v. St. Johns Water Management District for state and local government land use standards and procedures. The conference will also address the potential effects of the Supreme Court's decision in Marvin M. Brandt Revocable Trust v. United States on the Rails to Trails program in the western United States. National experts will also discuss the new, hotly contested idea of using the eminent domain power to take over underwater residential mortgages. Other major topics will include the potential takings issues associated with water management and possible takings claims that may arise from efforts to adapt to climate change. CLE accreditation will be requested for 8.5 CLE credit hours (60-minute hour).

September 2013

Webcast

Ethical Rules and Considerations for Planners, Plan Commissioners, and Lawyers
September 4, 2013
Sponsored by Planning and Law Division

Over 140 participants from around the U.S. participated in PLD's interactive and lively Ethical Rules and Considerations for Planners, Plan Commissioners, and Lawyers webinar. From a financial standpoint the program raised over $3,000 for the Division and its future programming, making it a great success for PLD. It was equally successful in raising PLD's profile among planning professionals, planning commissioners, and attorneys that work with planners and appear before plan commissions and zoning boards.

The webinar was moderated by PLD's Education and Outreach Committee Chair, David Silverman, AICP, of Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C. in Chicago. The presenters were Sorell Negro and Brian Smith of Robinson & Cole LLP in Hartford, Connecticut and Hiram Peck, AICP, Director of Community Planning & Development in Simsbury, Connecticut.

The 90-minute webinar covered a wide range of ethical topics that commissioners, planners, and attorneys must be aware of to ensure for a fair, impartial, and efficient zoning and development approval process. Among the specific topics covered were:

  • State and local ethical regulations governing commissioners, planners, and attorneys;
  • Specific provisions of the AICP Code of Ethics and Professional Conduct that govern the actions of planners;
  • Disciplinary procedures for planners who violate the AICP Code of Ethics and Professional Conduct;
  • Selected Model Rules of Professional Responsibility for attorneys who work with planners and appear before plan commissions and zoning boards; and
  • Ethical issues that arise with the use of social media by commissioners, planners, and attorneys.

The webinar was more than a static lecture reciting ethical rules and prohibitions. The program was designed to make the webinar engaging on an intellectual level, but also on a participatory level. Based on participant review responses, the webinar was successful on both accounts. The program included lively discussions on the most common ethical lapses committed by commissioners, planners, and attorneys involved in the zoning and development approval process and how these lapses can be avoided. In addition, the presenters provided strategies to guard against ethical lapses and to proactively deal with lapses when they occur to maintain the efficacy of the zoning and development approval process.

Finally, the last portion of the webinar was an interactive series of hypothetical situations that enabled participants to test their own knowledge of various ethical dilemmas. Participants were presented with four separate hypothetical situations that touched on the lessons from the webinar and were asked to vote on the best response. The poll results were shared with everyone participating and the results were complemented with opportunities for participants to ask questions of the presenters and add their own experiences with ethical matters.

The webinar was consistent in keeping with PLD's educational and outreach mission to advance the knowledge base of citizen planners, professional planners, and other professionals that work with them. With the success of this program, the Division plans to sponsor and conduct more programs in the future, using technology to reach the greatest number of participants.

Listen to a recording of this webinar

Search for Amicus Curiae Briefs

The APA occasionally files amicus curiae, or "friend-of-the-court," briefs in state and federal courts in cases of importance to the planning profession and the public interest. The role of the Amicus Curiae Committee (which is populated entirely by PLD members!) is to find and review cases of potential interest and to make a recommendation as to whether APA participation is warranted.

The Committee is always interested in learning about cases that it might consider for participation, and is always searching for attorneys interested in drafting amicus briefs. If you hear of an interesting case or are interested in joining our bank of brief writers, please e-mail Molly Stuart, APA Staff Attorney, at mstuart@planning.org.

Learn more about committee members and briefs

Member Activities: Share Your Pictures With Us!

We want to know what PLD members are up to! Did you see another PLD member at a networking event? Hold an exciting conference? Participate in a Habitat build? Join other PLD members in a 5K walk?

Whatever your story, send your pictures and captions to pld.newsletter@gmail.com and we will publish them in future newsletters.

Meet Our New Curtin Fellow

The Planning & Law Division is thrilled to have Emily McClendon as this year's recipient of the Daniel J. Curtin Fellowship. Emily is a second year law student at Georgia State University's College of Law and holds an M.S. in City & Regional Planning from the Georgia Institute of Technology.

In addition to her coursework, Emily acts as a graduate research assistant to Professor Julian Juergensmeyer, the Ben F. Johnson Chair in Law and Director of Metro Growth Center at Georgia State. She is also a participant in Transactional Law Meet, the premier "moot court" experience for students interested in transactional practice. Further, Emily is an active member of the Urban Fellows Program, an interdisciplinary initiative of the Center for the Comparative Study of Metropolitan Growth in the College of Law. While in law school, Emily has been awarded the merit and academic based Land Use Law Award. Fundamentally, Emily's professional credo is that the future of planning law requires a breakdown of the silos between the professionals involved.

Emily's professional experience includes a summer internship at Emory University of Law's Turner Environmental Clinic, where she worked on Atlanta's Urban Agriculture Ordinance. While a student at Georgia Tech, Emily interned with the Cobb County Community Development Agency and created a model for prioritizing redevelopment inventory. Emily's volunteer work includes acting as a research assistant at the Southern Environmental Law Center and work with the Atlanta Mission's My Sister's House.

As the 2014 PLD Fellow, Emily's work will focus on expanding outreach for the Planning Law Division through the development of a mentorship program. Further planning and outreach associated with the National APA Conference will support the goals and mission of the Planning Law Division. Emily will chair PLD's Early Career Program (ECP) Committee, plan young professional networking events, assist in the updating of PLD's website, and will bolster our membership recruitment and retention activities.

Winners of 30th Annual Smith-Babcock-Williams Student Writing Competition

PLD would like to congratulate the winners of this year's Smith-Babcock-Williams Student Writing Competition for their exemplary contributions to the field of planning.

First prize goes to Nicholas R. Williams for his article entitled "Coastal TDRs and Takings in a Changing Climate". Nicholas is a 2013 graduate of NYU School of Law and he will be practicing in the land development group of a firm in New York beginning this fall.

Second prize was awarded to Chris Erchull for his article, "A Hen in the Parlor: Municipal Control and Enforcement of Residential Chicken Coops". Chris is a third-year law student at Western New England University where he is a Note Editor on the Law Review and has served as President of the Environmental Law Coalition.

Third prize went to Douglas Naftz for his article, "Transboundary Deposition of Naturally Occurring Asbestos from the United States into Canada: A Case Study and Analysis of Possible Legal Responses". Douglas is a third year law student at the University of Utah S.J. Quinney College of Law and he will be working as an associate at Parsons Behle & Latimer in Salt Lake City, where he will practice environmental and natural resources law.

We would like to express our sincere appreciation to our judges (and long-time PLD members), Brian Connolly, John Baker, and Chuck Wolfe, for selecting our winning articles. This competition would not have happened without them. Brian J. Connolly is an attorney with the Land Use practice group at Otten Johnson Robinson Neff & Ragonetti, P.C., in Denver, Colorado. John M. Baker has practiced law for the last twenty-five years in Minneapolis, and is a founding partner of the Greene Espel PLLP law firm. Charles R. Wolfe is an attorney in Seattle, where he focuses on land use and environmental law and is also an Affiliate Associate Professor in the College of Built Environments at the University of Washington, where he teaches land use law at the graduate level. Thanks to those of you who gave your support to the competition by passing along the announcement to eligible students and encouraging them to submit entries.

Call for PLD Newsletter Submissions & Announcements

Want to contribute to the PLD Newsletter? Send us your proposals for articles, case studies, case law updates, book reviews, or blog highlights. Be creative; think beyond the ordinary and send us something our membership is not likely to find anywhere else. Submit your proposals to pld.newsletter@gmail.com.

December 2012

Introducing PLD Fellow Melissa Conrad

Melissa Conrad is a second year law student at the University of Georgia in Athens, Georgia. While staying in the top 10% of her class, Melissa serves as a member of the UGA Moot Court Team and the Editorial Board of the Georgia Journal for International and Comparative Law, one of the country's oldest student-edited law journals. This spring she will travel with the Moot Court team to Vienna to participate in the Willem C. Vis International Commercial Arbitration Moot. And last summer, she served as the sole legal intern for the Federal Home Loan Bank of Atlanta.

Prior to law school, Melissa served as an independent consultant assisting nonprofits and local governments with public policy campaigns and community development projects, including developing and implementing a three-month community engagement plan for the Preservation of Pittsburgh engaging more than 1,000 residents in land use planning efforts. Melissa also served as the Associate Director for Georgia Stand-Up, "A Think and Act Tank for Working Communities". In her role at Georgia Stand-Up, she was responsible for leading the BeltLine Community Benefits Campaign, which led to the passage of historic legislation in the City of Atlanta requiring that all projects receiving public subsidies from the $2.8 billion economic development project include community benefits, such as local hiring and workforce development programs. Resulting from those campaign efforts, historic legislation was also passed regarding affordable housing requirements, local hiring and workforce development standards.

In October 2010, Melissa was recognized as one of Georgia Trend Magazine's Top 40 under 40 Georgians. She has also been honored with a STAND-UP and Act Award from Georgia STAND-UP and Policy Leader of the Year from the Younger Women's Taskforce of Atlanta. She participated in multiple training programs, including the International Association of Public Participation's certification for public participation professions and the Atlanta Regional Commission's Community Planning Academy. She also served on a number of committees for the City of Atlanta, including the BeltLine Tax Allocation District Advisory Committee and the Atlanta Community Land Trust Collaborative Development Committee.

Melissa lives in Clarkston, Georgia along with her fiancé, Asim, and their two dogs Morrissey and Annabelle Lee.

Smith-Babcock-Williams Student Writing Competition Winners

The entry awarded first prize in this year's competition is "Buoying Environmental Burdens in Bankruptcy Floodwaters," submitted by Sarah Schenck, graduating May 2014 from the University of Minnesota Law School. Ms. Schenck's entry has been submitted for publication in The Urban Lawyer.

The entry awarded second prize in this year's competition is "Implementing Form-Based Zoning to Overcome Exclusionary Zoning and Local Opposition to Affordable Housing," submitted by David A. Lewis, who graduated in May 2012 from Georgetown University Law Center.

The entry awarded third prize is "Valid Regulation of Land-Use or an Out-and-Out Plan of Extortion? Commentary on St. Johns River Water Mgmt. Dist. V. Koontz," submitted by Catherine Hall, who will graduate in 2013 from the University of Hawaii, William S. Richardson School of Law.

Honorable Mention was awarded to "The Public Trust Doctrine And Sea Level Rise In California: Using The Public Trust to Prohibit Coastal Armoring," submitted by Chloe Angelis, who will graduate in 2013 from the University of California Hastings, College of the Law.

Planning and Law FAQs

PLD Fellow Abby Kirkbride compiled a list of frequently asked planning and law questions, with answers to issues relating to comprehensive plans, legislative vs. quasi-judicial zoning decisions, and eminent domain. You can read them on our Resources page.

2012–2013 PLD Fellowship Application Available

The 2012–2013 Daniel J. Curtin Fellowship application is now available on PLD's Fellowship page. The deadline for application submission is September 14, 2012.

June 2012

Introducing PLD Fellow Abby Kirkbride

The Planning and Law Division is proud to announce this year's Curtin Fellow, Abby Kirkbride. Abby is in her third year of the Juris Doctor/ Master of Urban and Regional Planning joint-degree program at the University of Colorado. Her primary professional interest is the exploration of land use issues in the local government context. Abby has completed internships with a Wyoming-based nonprofit, where she studied oil and gas issues, and with Clarion Associates, where she drafted zoning codes. Currently, she is an intern for the Colorado Department of Public Health and Environment, working on an initiative to increase the amount of local foods in K-12 schools. Abby serves as a student delegate to APA's Colorado Legislative Committee, is a member of the Colorado Journal of International Environmental Law and Policy, and of APA's Student Representatives Council. Abby is a native of Wyoming, where she grew up on her family's cattle ranch. She attended college at John Brown University in Arkansas, graduating cum laude with degrees in history and journalism. She currently lives in Denver with her husband. Abby will work on several PLD initiatives and she has already begun work on membership recruitment efforts.

May 2012

PLD Newsletter: Spring 2012

The Planning and Law Division has released its Spring 2012 newsletter. The articles include:

  • Urban Farming: Zoning for Growing and Distributing Food in Portland Neighborhoods
  • Cellular Antennas, Shot Clocks, and Zoning: Two Years Later
  • Getting Real About Shrinking Cities
  • Knitting Green Infrastructure into the Urban Fabric: An Overview of Municipal Policies
  • U.S. Supreme Court Bolsters Landowner Rights when Contesting Agency Non-Compliance Letters
  • I Read it in the Blogs

The full newsletter may be downloaded.

Smith-Babcock-Williams Student Writing Competition

The Planning & Law Division of the American Planning Association announces its 29th Annual Smith-Babcock-Williams Student Writing Competition. The winning entry in the competition will be awarded a prize of $2,500 and will be submitted for publication in The Urban Lawyer, the law journal of the American Bar Association's Section of State & Local Government Law. In addition to the first prize, the Competition will award a second place prize of $500 and a third place price of $250. Other entries judged to be of special merit may be awarded Honorable Mention.

January 2012

PLD Candidate Statements

PLD has received nominations fort he positions of Chair Elect and Secretary / Treasurer. To read the candidate statements, please click on the links below. Ballots will be distributed to PLD members via e-mail on January 10.

  • Chair Elect: Jennie Nolon Blanchard
  • Secretary / Treasurer: Meg Byerly

November 2011

Planning and Law Division Elections

PLD has issued a call for nominations for the positions of Chair Elect and Secretary / Treasurer. Nominations are due December 1, 2011, in advance of the January 2012 elections.

Newsletter

The newest edition of the PLD newsletter is now available on the Newsletter page. Highlights include news and event updates, a call for participation in new PLD committees, and the announcement of Smith-Babcock-Williams writing competition winners.

October 2011

Curtin Fellowship Application Available

The application for PLD's Daniel J. Curtin Fellowship Program is now available. The application deadline is November 18, 2011.

The Fellowship Program is open to third and fourth year undergraduate students, first and second year master's degree students and first and second year law students. One fellowship is awarded per academic year, and includes a $2,000.00 stipend, a one year membership in APA and PLD, and a stipend for up to $950 toward attendance at the APA National Conference to be held in Los Angeles, California, in April 2012. The term of the fellowship is approximately ten months (the typical length of two semesters or three quarters) and will include approximately 100 to 200 total hours of work. The fellow will conduct his or her fellowship duties remotely, i.e., from where he or she lives or attends school.

March 2011

Behind the Scenes With Directors of NYC GIS Websites

We are pleased to announce that APA's Planning and Law Division is co-hosting a talk organized by the Zoning Committee of APA's New York Metro Chapter, featuring a behind the scenes look at the operation of two websites of critical importance to land use attorneys and planners in New York City. The speakers are Colin Reilly from NYCityMap, administered by the City's Department of Information Technology and Telecommunications, and Steve Romalewski from OASIS NYC, administered by the Center for Urban Research at CUNY. They will discuss the information available on their sites, as well as how they obtain and organize that information, and take suggestions for what may be helpful to practitioners in the future.

The talk was in downtown Manhattan on Friday, April 15.

Planning Law at APA National Conference in Boston, April 9–12

The following sessions related to the intersection of planning and law will be offered in a few weeks at APA's national conference. Some of the sessions are part of APA's Bettman Symposium, which pays tribute to Alfred Bettman, the Cincinnati attorney who filed the amicus brief on behalf of the national planning association in the U.S Supreme Court case that declared zoning constitutional, Village of Euclid v. Ambler Realty Co.

Spreading the Cost of Development (S518) (hosted by PLD) As development costs rise, some communities have embraced transfer fees to spread these costs over time. Learn how this fee allows municipalities to maintain environmental and regulatory standards by deferring some costs, basically assessing a fee every time a unit is sold during a defined period.

Speakers: Jill C. Kusy, AICP; Terry Watt Karwowski, AICP; Scott Jackson

Regulating First Amendment Land Uses (W406) Land uses protected by the First Amendment and related statutory schemes such as the Religious Land Use and Institutionalized Persons Act (RLUIPA) pose unique risks and challenges for the drafting and implementation of local zoning regulations. Getting it wrong can result in costly and politically charged litigation. Attorneys experienced in the areas of sign and news rack regulation, regulation of religious assemblies, and adult use regulation identify the common principles underlying these issues, and provide their best practice tips for how to protect your community from attack and ensure full compliance with the law.

Speakers: Susan L. Trevarthen, AICP; Randal R. Morrison; Marci Hamilton; Scott Bergthold

Climate Change and the Law (S442) (Bettman Symposium session) Are we prepared for future natural catastrophes as a result of our changing climate? Consider a new perspective on disaster law that is based on the principles of environmental protection. The prescription is simple: go green, be fair, and keep safe. Examine opportunities to reform federal, state and local disaster laws.

Speakers: Patricia E. Salkin, Robert Verchick

Planners in the Courts (S550) (Bettman Symposium session) Discuss law and the planners' role in the Kasson Township legal case. Dissect the arguments and explore the final decision. Hear how the formula for success in this Michigan case can be transferred to other state chapters. Consider the lessons learned and leave with a clearer understanding of APA's Amicus Curiae Committee's functions.

Speakers: Mark A. Wyckoff, FAICP; Trudy J. Galla, AICP; Richard K. Norton

Is there Value in Unused Land? (S553) (Bettman Symposium session) Resource use is the norm. Laws secure use rights or chip away at those uses that produce social and environmental costs. Hear why an alternative, resource and property nonuse, has value equally worthy of legal acknowledgment. Explore examples of resource nonuse and consider a legal paradigm that reflects this eco-centric interest.

Speaker: Jan G. Laitos

Avoiding RLUIPA's "Substantial" Burden (S505) Understand the legal interpretations of the Religious Land Use and Institutionalized Persons Act's "substantial burden" clause. Hear about recent decisions that shed light on how the courts are interpreting the concept of substantial burden. Uncover steps local governments can take to protect local development regulations from RLUIPA claims.

Speakers: Graham S. Billingsley, FAICP; Michael S. Giaimo; David Morley, AICP; Molly Dunham

Land, Covenants, and the Law (S463) Community associations increasingly control use, variances, appearance etc. and conflict with the law.

Speakers: David L. Callies, FAICP; Hannah Wiseman; Jo Anne P. Stubblefield

Collapsing State Oversight of Affordable Housing (S570) What went wrong in affordable housing implementation. Why wasn't this able to be anticipated? Why is it so pervasive?

Speakers: James C. Nicholas, Jerold S. Kayden, Robert W. Burchell, Jack S. Nyman

2011 Planning Law Review

The APA New York Metro Chapter hosted "2011 Planning Law Review," on June 29 from 4:00 to 5:30 p.m.

From the chapter: "New judges on the U.S Supreme court and an active docket are reshaping constitutional law. The states continue to take the lead on climate change, but a backlash is mounting against voter referenda in a recessionary economy. Property rights and fairness, first amendment issues, and the proper role of government are examined in this up-to-the-minute review of the courts and legislation during the past year. Keep current and join our legal panel for this important discussion." CLE credit offered.

Investing Like a State: Political Culture, Privatization, and Property Takings

Debbie Becher, a Mellon Postdoctoral Fellow at Barnard College at Columbia University, will speak at the Edward J. Bloustein School of Planning and Public Policy, Rutgers University, on March 24. The subject of the talk is "Investing like a State: Political Culture, Privatization, and Property Takings." Dr. Becher's dissertation, published in 2009 and entitled "Valuing Property: Eminent Domain for Urban Redevelopment, Philadelphia 1992-2007," investigated how Philadelphia creates and implements plans to use eminent domain for private redevelopment and how stakeholders (politicians, bureaucrats, residents, activists, and business-owners) distinguish between eminent domain's use and abuse.

September 2010

13th Annual Takings Conference on Litigating Regulatory Challenges to Land Use and Environmental Regulations

November 5, 2010
University of California–Berkeley School of Law

Conference speakers include a wide range of distinguished scholars and practitioners from around the country.

Featured topics will include:

  • The Stop the Beach Renourishment decision
  • Future prospects for the judicial takings concept
  • Takings problems raised by sea level rise and other consequences of climate change
  • Controversial new decisions applying an expansive interpretation of the Penn Central analysis
  • The state of eminent domain law five years after Kelo
  • The intersection of breach of contract and takings claims against the government
  • Takings litigation arising from regulation of water
  • Takings claims based on the federal rails-to-trails program

Conference sponsors include Vermont Law School, University of California–Berkeley School of Law, Georgetown University Law Center, California Attorney General Edmund G. Brown, Jr., the California League of Cities, and the Planning & Law Division of the American Planning Association.

September 2009

Webcast

International Comparison of Growth Management Legislation
September 17, 2009
Sponsored by the International Division of APA

This online seminar sponsored by APA-ID will offer an overview of the legal frameworks for New Zealand's RMA and Washington State's GMA. The two pieces of legislation have notable similarities, but their application in both planning practice and judicial processes are quite different. As such, the event may be quite interesting to members in both countries, especially those working in the "growth management states." This webinar will be offered jointly by APA-ID and the New Zealand Planning Institute, so participants from both countries will attend the online webinar, and an application for this event to qualify for the 1.5 hours of CM credit in the legal category is pending.

The presentation will generally include:

  • An overview of the two statutes
  • Planning processes under the legal frameworks enabled under the statutes
  • Involvement of the judiciary in planning decisions
  • A summary of planning, growth, economic, and legislative challenges

This webinar includes presentations from the New Zealand RMA and Washington GMA perspectives. Ed McGuire, AICP, an attorney, planner, and former Central Puget Sound Growth Management Hearings Board member serving the Seattle area from 1996 to 2009, will present the US perspective. Daniel Clay, a partner with Minter, Ellison, Rudd, and Watts lawyers focusing on resource management law in New Zealand.

This webinar will be conducted at 3:00 p.m. Pacific and 6:00 p.m. Eastern on September 17 in the United States and 10:00 a.m. September 18 in New Zealand.

August 2009

Request for PLD Sponsored Proposals

The Session Proposal Committee of the APA Planning and Law Division (PLD) invites division members to propose a session for the 2010 American Planning Association National Planning Conference in New Orleans. Due to policy changes by the APA, the Division has only one by-right session this year, down from the previous two by-rights. We are asking our members to consider proposing a session that will highlight a current land use/planning legal issue, share innovative ideas, and engage your peers at the premier educational and networking event for planners, land use lawyers, and community leaders in the United States.

June 2009

APA Launches Ethics and Law Online Training, HIA Course Remains Free

With the launch of two new courses from APA, AICP members now have even more affordable, convenient, and interactive options for fulfilling CM requirements.

Ethical Practice for Practicing Planners (2.0 | CM, $49.95) explains the tenets of the AICP Code of Ethics and Professional Conduct, and challenges participants to analyze situations, reflect on dilemmas, and apply the code. Throughout the course, planning ethics experts discuss how they might respond to several proposed scenarios.

Hot Topics in Planning Law (3.0 | CM, $99.95) provides practicing planners with an understanding of the latest developments in planning law. From digital billboards to AB 32; from the Next Generation Energy Act of 2007 to green building codes; from Oregon's Measure 49 to the impact of Kelo v. the City of New London, the course illustrates how changes in the law impact how planners work.

May 2009

Webcast

Community Strategies for Dealing with Distressed Properties
December 10, 2009
1:00–2:30 p.m. EST

PLD has joined with a consortium of APA Chapters and other Divisions to provide webcasts for CM credit at no cost to their respective members.

Foreclosures have become a major problem in communities across the United States. This session focuses on the legal aspects of dealing with distressed properties. This session is available for CM Law credit and is sponsored by the Planning and Law Division.

Call for Jurors

Professor Weinstein is looking for volunteers (3–4) to serve as Judges for this year's Competition. He does a first cut on submissions to make sure volunteers only have to review a reasonable number of entries, usually around 15–20. Judges have about two months (late June to late August) to get through these, so it's really not a big deal.

August 2008

ABA adopts Model Statute on Local Land Use Planning Procedures

On Monday, August 11, 2008, the American Bar Association, through its House of Delegates, adopted a Model Statute on Local Land Use Planning Procedures, advanced jointly by the Sections of State and Local Government Law and the Administrative Law and Regulatory Practice, and co-sponsored by the Real Property Law Section and the Government and Public Sector Lawyers Division. The Model Act, intended to serve as a guide to state, local and tribal governments which adopt land use regulations, outlines appropriate administrative procedures that may be adopted in whole, in part, or used as reference to address particular situations.

Providing a complete development permit review process for land use decisions, the Model Statute identifies the requirements for timely consideration of applications, sets forth administrative review procedures including notices, conduct of hearings, and appeals. The Model Statute also provides for appellate review at the local level by a hearing examiner or land-use review board. Although it does not include substantive provisions for variances, conditional uses or other possible remedies, it is designed to allow for substantive review by whatever body so authorized by local ordinance. Finally, the Model Statute provides a judicial review process for land use decisions including jurisdictional principles such as exhaustion and federal claims, as well as standards for review.

This effort was based upon Chapter 10 of the American Planning Association's Growing Smart Legislative Guidebook, which continues to serve as the resource for lawmakers and planners who are modernizing state and local planning and zoning enabling acts and laws.

We thought Planning and Law Division members would be interested in this news and have attached ABA's Model Statute on Local Land Use Planning Procedures to this e-mail. The Model Statute also appeared in the May and June issues of Planning and Environmental Law.

Model Statute on Local Land Use Planning Procedures (pdf)

May 2007

Planning and Law Division Website

Planning and Law Division Daniel J. Curtin Fellow David Gest (Spring 2007) has volunteered to serve as PLD webmaster.

Summaries of 12 major land use cases in the U.S.