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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
- Land Use and Zoning Basics
- Meetings, Hearings, and Dealing With Objectors
- Applications and Approval Procedures: Variances, Conditional Use Permits and More
- Challenging or Appealing a Land Use Decision
- Hot-Button Land Use Issues and Case Law
- Navigating the Subdivision Process
- Constitutional Issues and Case Law
- Legal Ethics Issues for Land Use Attorneys
Can't Attend Live?
Get the OnDemand Instead
Watch the recording of this event on your own schedule. We'll notify you when its ready.
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| AICP |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New York CLE |
|
7 Total |
| Pennsylvania CLE |
|
6 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Land Use and Zoning Basics
- Land Use and Zoning 101
- Sources of Authority for Land Use Decisions
- State and Local Laws and Ordinances
- Planning Boards
- The Comprehensive Plan
- Impact Fees and Exactions
- Federal Laws: "Standard Acts," RLUIPA, and Fair Housing
- Environmental Laws Affecting Land Use
-
Meetings, Hearings, and Dealing With Objectors
-
Applications and Approval Procedures: Variances, Conditional Use Permits and More
- Pre-Application Issues
- Site Plan Applications
- Ordinance Amendments and Rezoning
- Variances
- Conditional/Special Use Permits
- Planning and Environmental Reviews - What to Expect
- Documenting as if You're Preparing for an Appeal
-
Challenging or Appealing a Land Use Decision
- Quasi-Judicial vs. Quasi-Legislative
- Local Appeal Process
- Standing Issues
- Procedural and Evidence Rules
- Preparation and Testimony
- Preserved Administrative Record
- Assertion of Collateral Constitutional and Other Claims
- Exhausting Your Administrative Remedies
- Going to Court
- Hearing Tips and Techniques
-
Hot-Button Land Use Issues and Case Law
-
Navigating the Subdivision Process
- Subdivision Regulations
- Due Diligence
- The Application and Approval Process
- Inspections, Dedications, and Vacations
- Fulfilling Conditions
- Working With Surveyors and Engineers
- Plat and Documentation for New Titles
-
Constitutional Issues and Case Law
- Property Rights vs. Police Power
- Takings
- Vested Rights and Estoppel
- Due Process
- Equal Protection
- First Amendment
-
Legal Ethics Issues for Land Use Attorneys
- Conflicts of Interest
- Duties of Appointed Zoning Officials
- Ex Parte Contacts
- Attorney Fees
- Dealing With Pro se Parties
- 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
Speaker bio
Leslie A. Peters
is of special Counsel at Bowles Rice LLP. She is an accomplished real estate attorney with vast experience in commercial real estate transactions, land use and zoning, leasing and development. She practices from the firm's Southpointe, Pennsylvania office. She represents a variety of clients, including real estate development companies, local and national retailers, landowners, builders, and more. She is experienced in leasing, property acquisition and sales, zoning, planning, and land development matters. Leslie also represents clients before municipal boards and authorities as well as local planning commissions, governing bodies, zoning hearing boards, and local courts in land use and planning matters. Additionally, she regularly assists clients with obtaining municipal and state approvals, the creation and operation of planned communities as well as financing for commercial and residential developments. Leslie has represented various corporate entities in tax assessment appeals in various counties throughout Southwestern Pennsylvania. She is also experienced in managing labor and employment matters and hospitality-related issues, such as liquor licensing. She earned her B.A degree from Pennsylvania State University and her J.D degree, magna cum laude, from Widener University School of Law.
Speaker bio
Gregory R. Heleniak
is a partner at Clarke Gallagher Barbiero Amuso & Glassman Law. His generational roots in the area have inspired his passion to help local leaders create and implement quality services and smart policies for the residents of their townships, boroughs, and school districts. In addition to general representation of municipal entities in all aspects of governance and administration. Mr. Heleniak has taken a leadership role in the firm’s Zoning and Land Development practice and has focused his career on helping municipalities, school districts and residents navigate the difficult waters of zoning and land development. He is currently guiding multiple municipalities through re-writes of their zoning code and participates in other long-range planning sessions. Mr. Heleniak regularly argues on behalf of municipal clients before the Pennsylvania Courts of Common Pleas and Commonwealth Court. He previously worked with an engineering and land surveying office in King of Prussia, focusing on site design and development management. Additionally, Mr. Heleniak serves his municipality on its zoning board, and is director of Legal and Advocacy Initiatives for the Montgomery County LGBT Business Council. He earned his B.A. degree from Penn State University and his J.D. degree from Widener University School of Law.
Speaker bio
Michael T. Korns, II
is a partner with Leech Tishman. He has wide experience with issues related to land use and advises both public sector bodies and private developers on issues related to municipal permitting, planning, subdivision and land use, and zoning. Mr. Korns has significant experience litigating zoning and land use cases, and has successfully argued zoning and land use matters in the Court of Common Pleas and the Pennsylvania Commonwealth Court. He regularly appears in front of zoning hearing boards, planning commissions, and governing boards on behalf of private developers and impacted property owners. Mr. Korns has served as a solicitor for municipalities, school districts, zoning hearing boards, and municipal authorities, and is the current solicitor for multiple public bodies. He counsels and represents the firm's municipal clients on general municipal issues, including tax assessment appeals, municipal taxation, public bidding, Sunshine Act, Right-to-Know Law, State Ethics Act, general land use and zoning matters, and code enforcement. Mr. Korns also advises the firm's energy clients on issues related to land use, permitting, zoning, and code compliance. He earned his B.A. degree, summa cum laude, from the University of Pittsburg and his J.D. degree from Harvard Law School. Mr. Korns is admitted to practice in Pennsylvania and the District of Columbia.
Speaker bio
Matthew J. McHugh
is a partner at Klehr Harrison Harvey Branzburg LLP. He focuses his practice on real estate, land use/zoning and general corporate matters in the suburban counties surrounding Philadelphia and throughout the eastern half of Pennsylvania. Mr. McHugh is quick to identify potential issues in a transaction or the entitlement process, and when he does, he combines his connections and experience to advise clients on the best course of action to meet their goals. He has extensive experience with real estate acquisitions, financing and development and has appeared regularly before various zoning hearing boards, planning commissions and governing bodies as part of the zoning, subdivision and land development approval process. Mr. McHugh represents national, regional and local builders and developers in connection with obtaining requisite zoning, subdivision and land development approvals and other required federal, state and local permits (examples include grocery stores, hotels, shopping centers and self-storage facilities). His practice also includes representing clients in appellate matters in the courts of common pleas and other Pennsylvania appellate courts. In addition, Mr. McHugh previously served as the Solicitor for the Bensalem Township Zoning Hearing Board (2019-2021) and the Lower Southampton Township Zoning Hearing Board (2012-2022). Before joining the firm, he practiced at two other regional law firms in their corporate/real estate and municipal departments. Mr. McHugh earned his B.S. degree from Saint Joseph’s University and his J.D. degree from Widener University School of Law.
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