KY Specific

Real Estate

Land Use and Zoning in Kentucky: From Application to Appeal

Credits Available
Credit Status Total
Indiana CLE Approved 6 Total
Kentucky CLE Approved 6 Total
OnDemand
5 hours 57 minutes
Andrew Videkovich
Henry Smith
Peter Ostermiller
F. Keith Brown
Patrick Watson
With Andrew Videkovich from Planning and Development Services of Kenton County + 4 others
Recorded June 16, 2025
Product ID 100107

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Overview

Walk Step by Step Through the Process With Insights From Seasoned Attorneys

Your client wants to develop property. How do you confirm their ability to do so? How do you get the government's go-ahead, and what do you do if the application is denied? This start-to-finish land use and zoning online seminar will teach you the basic laws before digging into the approval and appeals process. Construct a foundation for a successful practice - register today!

  • Review federal, state, and local laws and regulations that govern land development.
  • Learn how to request variances, conditional use permits, and other authorizations.
  • Navigate procedural and technical requirements for subdividing land.
  • Gain practical insights on presenting the application at a public meeting or hearing.
  • Anticipate when local government decisions or actions are ripe for a constitutional challenge.
  • Follow proper steps during appeals and give your client's case the best chance of success.

Abbreviated Agenda

  1. Kentucky Land Use and Zoning Basics
  2. Applications and Approval Procedures: Variances, Conditional Use Permits and More
  3. Challenging or Appealing a Land Use Decision
  4. Meetings, Hearings, and Dealing With Objectors
  5. Constitutional Issues and Case Law
  6. Navigating the Subdivision Process
  7. Legal Ethics Issues for Land Use Attorneys
Product ID 100107

Credit Details

Credits Available
Credit Status Total
Indiana CLE Approved 6 Total
Kentucky CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Kentucky Land Use and Zoning Basics

    1. Land Use and Zoning 101
    2. Sources of Authority for Land Use Decisions
    3. State and Local Laws and Ordinances
    4. Planning Boards
    5. The Comprehensive Plan
    6. Impact Fees and Exactions
    7. Federal Laws: "Standard Acts," RLUIPA, and Fair Housing
    8. Environmental Laws Affecting Land Use
  2. Applications and Approval Procedures: Variances, Conditional Use Permits and More

    1. Pre-Application Issues
    2. Site Plan Applications
    3. Ordinance Amendments and Rezoning
    4. Variances
    5. Conditional/Special Use Permits
    6. Planning and Environmental Reviews - What to Expect
    7. Documenting as if You're Preparing for an Appeal
  3. Challenging or Appealing a Land Use Decision

    1. Quasi-Judicial vs. Quasi-Legislative
    2. Local Appeal Process
    3. Standing Issues
    4. Procedural and Evidence Rules
    5. Preparation and Testimony
    6. Preserved Administrative Record
    7. Assertion of Collateral Constitutional and Other Claims
    8. Exhausting Your Administrative Remedies
    9. Going to Court
    10. Hearing Tips and Techniques
  4. Meetings, Hearings, and Dealing With Objectors

  5. Constitutional Issues and Case Law

    1. Property Rights vs. Police Power
    2. Takings
    3. Vested Rights and Estoppel
    4. Due Process
    5. Equal Protection
    6. First Amendment
  6. Navigating the Subdivision Process

    1. Subdivision Regulations
    2. Due Diligence
    3. The Application and Approval Process
    4. Inspections, Dedications, and Vacations
    5. Fulfilling Conditions
    6. Working With Surveyors and Engineers
    7. Plat and Documentation for New Titles
  7. Legal Ethics Issues for Land Use Attorneys

    1. Conflicts of Interest
    2. Duties of Appointed Zoning Officials
    3. Ex Parte Contacts
    4. Attorney Fees
    5. Dealing With Pro se Parties
    6. Ethical Issues in Multi-Jurisdictional Practice

Who Should Attend

This basic level online seminar is designed for attorneys. Zoning and land use planners and officials, developers, engineers, surveyors, and paralegals may also benefit.

Speakers

Andrew Videkovich
Andrew
Videkovich
Planning and Development Services of Kenton County
Henry E Smith
Henry E.
Smith
Bruce E. Smith Law Offices, PLLC
Peter L Ostermiller
Peter L.
Ostermiller
Peter L. Ostermiller, Attorney at Law
F. Keith Brown
F. Keith
Brown
Pike Legal Group
Patrick H Watson
Patrick H.
Watson
Watson Law Firm, PLLC
Speaker bio
Andrew Videkovich

Andrew Videkovich

Planning and Development Services of Kenton County
Andrew Videkovich

is current planning manager with the Planning and Development Services of Kenton County (PDS), where he analyzes economic, environmental, social, and physical factors affecting land use decisions; assists in the preparation and update of comprehensive plans; and manages zoning code updates. Mr. Videkovich has worked as a planner in the public sector for twenty years, and has worked extensively with the public, planning commissions, and elected officials. Prior to joining PDS, he was a land use planner for the St. Joseph County Area Planning Commission in South Bend, Indiana. Mr. Videkovich earned his Bachelor of Urban Planning degree from the University of Cincinnati.

Speaker bio
Henry E Smith

Henry E. Smith

Bruce E. Smith Law Offices, PLLC
Henry Smith

is an attorney at Bruce E. Smith Law Offices, PLLC in Nicholasville. He practices planning and zoning issues, elder law, and general civil litigation. Mr. Smith earned his J.D. degree from the University of Kentucky College of Law. After graduation, he clerked in Fayette Circuit Court. Mr. Smith is admitted to practice in Kentucky state courts.

Speaker bio
Peter L Ostermiller

Peter L. Ostermiller

Peter L. Ostermiller, Attorney at Law
Peter Ostermiller

is a sole practitioner concentrating in legal ethics and professional responsibility matters. In 1980 he obtained his license to practice law in Kentucky. His legal ethics and professional responsibility law practice began in the mid -1980s and, since the mid-1990s has been his practice concentration. He represents attorneys in disciplinary and reinstatement proceedings, judges in judicial ethics matters, and bar exam applicants. Mr. Ostermiller has also represented parties in attorney's fee dispute proceedings, and attorneys in legal proceedings in which sanctions have been sought against the attorney. He has represented parties in attorney disqualification proceedings and counseled lawyers and law firms in their respective rights, responsibilities and duties to other attorneys and their clients. He also serves as an expert witness at the state and federal level regarding legal ethics and professional responsibility matters. Mr. Ostermiller is a member of the Kentucky Bar Association, Louisville Bar Association and Association of Professional Responsibility Lawyers. Mr. Ostermiller earned his B.A. and J.D. degrees from the University of Louisville.

Speaker bio
F. Keith Brown

F. Keith Brown

Pike Legal Group
F. Keith Brown

is an attorney in the Shepherdsville law firm of Pike Legal Group, where he practices in the areas of zoning, planning, land use, annexation, real estate, environmental law, administrative law, business and corporate law, land development, and wireless telecommunications. He is a past speaker on real estate related issues for various professional associations. Mr. Brown is admitted to practice in Kentucky, Tennessee, West Virginia and Indiana. He earned his B.S. degree from Murray State University, his M.B.A. degree from Indiana University at Bloomington and his J.D. degree from the University of Kentucky.

Speaker bio
Patrick H Watson

Patrick H. Watson

Watson Law Firm, PLLC
Patrick Watson

is a partner with Watson Law Firm, PLLC in Paris, Kentucky. He has practiced there with his father Henry Watson III since he received his J.D. degree from the University of Louisville Louis D. Brandeis School of Law. Mr. Watson focuses on planning and zoning issues, representing governmental and private clients, real estate, wills, trusts, and estates, and civil litigation. Additionally, he currently serves on the Board of Directors of Blue Grass Federal Savings and Loan Association. Mr. Watson is admitted to practice in Kentucky State and Federal courts.

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Are multiple attendee discounts available?
Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
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When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
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