OH Specific

Real Estate

Land Use and Zoning in Ohio: From Application to Appeal

Credits Available
Credit Status Total
Ohio CLE Approved 6 Total
OnDemand
5 hours 52 minutes
Scott Phillips
Matthew Yourkvitch
Thaddeus Boggs
Stephen Funk
With Scott D. Phillips from Frost Brown Todd LLC + 3 others
Recorded November 07, 2024
Product ID 99164

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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.
  • 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. Applications and Approval Procedures: Variances, Conditional Use Permits and More
  2. Ohio Land Use and Zoning Basics
  3. Meetings, Hearings, and Dealing With Objectors
  4. Constitutional Issues and Case Law
  5. Challenging or Appealing a Land Use Decision
  6. Hot-Button Land Use Issues and Case Law
  7. Legal Ethics Issues for Land Use Attorneys

Related Topics

Product ID 99164

Credit Details

Credits Available
Credit Status Total
Ohio CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. 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

  2. Ohio 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

  3. Meetings, Hearings, and Dealing With Objectors

  4. 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

  5. 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

  6. Hot-Button Land Use Issues and Case Law

  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

Scott D Phillips
Scott D.
Phillips
Frost Brown Todd LLC
Matthew P Yourkvitch
Matthew P.
Yourkvitch
Yourkvitch & Dibo, LLC
Thaddeus M Boggs
Thaddeus M.
Boggs
Frost Brown Todd LLC
Stephen W Funk
Stephen W.
Funk
Roetzel & Andress
Speaker bio
Scott D Phillips

Scott D. Phillips

Frost Brown Todd LLC
Scott Phillips

leads the government services practice group of Frost Brown Todd LLC. His practice focuses on land use, zoning, and real estate litigation matters in state and federal courts. Mr. Phillips also represents clients with construction and general business/commercial disputes. He is a member of the Cincinnati Bar Association, Ohio State Bar Association, and Butler County Bar Association. Mr. Phillips is also a law director, solicitor and special counsel for multiple southwest Ohio townships. He earned his B.B.A. and B.A. degrees, with honors, from Southern Methodist University; and his J.D. degree, with honors, from American University Washington College of Law. Mr. Phillips has been recognized for several awards, including Ohio Super Lawyers (2017-2024), The Best Lawyers in America (2010-2024), and Lawyer of the Year (2018-2020, 2022).

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Speaker bio
Matthew P Yourkvitch

Matthew P. Yourkvitch

Yourkvitch & Dibo, LLC
Matthew Yourkvitch

is a partner with Yourkvitch & Dibo, LLC, in Downtown Cleveland, Ohio, where he focuses his practice on transactional and litigated real estate, landlord-tenant, construction, and general commercial business matters. Mr. Yourkvitch represents numerous Cleveland area nonprofit community development corporations on the issues of strategic acquisition, nuisance abatement, and commercial and residential property re-development. Mr. Yourkvitch also represents developers related to public and private finance, and low-income housing tax credit projects. He is an adjunct professor of law at Cleveland State University College of Law and CSU's College of Urban Affairs, where he teaches land use, planning and zoning law. Mr. Yourkvitch is a member of the Cleveland-Metropolitan Bar Association, Ohio State Bar Association, and the American Bar Association. He is a frequent speaker on nuisance abatement and receivership actions under Section 3767.41 of the Ohio Revised Code, and Land use and Zoning. Mr. Yourkvitch earned his B.A. degree from Bowling Green State University and his J.D. degree from Cleveland Marshall College of Law.

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Speaker bio
Thaddeus M Boggs

Thaddeus M. Boggs

Frost Brown Todd LLC
Thaddeus Boggs

is a partner at the Columbus office of Frost Brown Todd LLC, practicing in the government services practice group. His practice focuses on serving clients in the variety of areas affecting local government and development, with an emphasis on land use and economic development issues, including municipal annexation, development agreements, and zoning applications. Mr. Boggs also regularly advises clients concerning public records law, open meetings law, and public ethics laws. His litigation experience includes trial and appellate matters in diverse areas including taxation, election law, land-use, and public nuisance litigation. Mr. Boggs serves as general counsel to the Ohio Air Quality Development Authority and law director for the city of Canal Winchester, Ohio. He is a member of Ohio Municipal Attorneys Association (OMAA), International Municipal Lawyers Association, Columbus Bar Association, Ohio State Bar Association, and American Bar Association. Mr. Boggs has been recognized in multiple practice areas as The Best Lawyers in America: Ones to Watch (2021-2024). He earned his B.A. degree, cum laude, from Miami University; and his J.D. degree, cum laude, from The Ohio State University Moritz College of Law.

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Speaker bio
Stephen W Funk

Stephen W. Funk

Roetzel & Andress
Stephen Funk

is a shareholder with the law firm of Roetzel & Andress, where he practices in business and public law litigation, appellate law, constitutional law, municipal law, and land use and zoning law. He has over 32 years of litigation experience, with the last 25 years working in Summit County. Mr. Funk is a member of the Akron, Ohio State and Federal bar associations; and a member of the Advisory Group for the U.S. District Court for the Northern District of Ohio. He earned his B.A. degree, summa cum laude, from Miami University; and his J.D. degree, cum laude, from Harvard Law School.

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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.
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