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Intro to Zoning and Land Use Litigation  

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This basic-to-intermediate level seminar is designed to provide an introduction to land use litigation for: Attorneys, Paralegals, Local Zoning/Land Use Officials, Engineers

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Seminar Summary:

Before you take on a zoning amendment or permit dispute, take this essential course on the nuts and bolts of land use litigation. (see full course description)

 

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Training Course Syllabus:


Skillfully Handle Land Use Disputes

Land use litigation is like no other in its intricacy and the plethora of shifting variables involved in each case. What should be included in the administrative record? What time limitations apply? What parties and elements of influence can dramatically alter the case outcome? Before you take on a zoning amendment or permit dispute, take this essential course on the nuts and bolts of land use litigation. Veterans in the field will help you navigate the procedural requirements and share their time-tested tips for avoiding potentially fatal mistakes. Don't miss this opportunity to build your skills. Register today!

  • Be prepared to skillfully litigate the most common land use disputes.
  • Stay up to date on the local, state and federal laws governing land use.
  • Learn proper procedures and best practices for navigating administrative zoning disputes at the local level.
  • Walk through the process and components of an effective appeal.
  • Examine the latest land use cases and hot issues pertaining to this practice area.
  • Recognize the attorney's ethical obligations when handling land use disputes.

 



  1. FUNDAMENTALS: THE POWER TO ZONE
    9:00 - 9:30, Sheldon Berns
    1. Enabling Legislation
    2. Constitutional Limitations
    3. Local Zoning Regulations
    4. Comprehensive Planning and Local Zoning
  2. THE DEVELOPMENT PROCESS IN OHIO
    9:30 - 10:30, Sheldon Berns
    1. Subdivision Approval
    2. Impact Fees and Exactions
    3. Environmental Approvals
      1. Wetlands, Protected Hillsides, Riparian Setbacks, etc.
    4. Zoning Amendments – Text and Map Changes
    5. Initiative and Referendum
    6. Special or Conditional Use Permits
    7. Planned Unit Developments (PUD) and “Overlay” Approaches
    8. Variances
    9. Other Regulation
      1. Setbacks, Historical Preservation, Open Space, etc.
  3. ETHICS: THE LAWYER'S OBLIGATIONS DURING LAND USE DISPUTES
    10:45 - 11:45, Kenneth A. Kraus
    1. Bad Faith
    2. Ex Parte Contacts
    3. Conflicts of Interest
      1. Based on Community Involvement
      2. Based on Familial Relationships
      3. Based on Financial Interests
    4. Bias and Prejudgment
  4. ADMINISTRATIVE ZONING DISPUTES
    11:45 - 12:15, Gary F. Werner
    1. Jurisdiction of the Board of Zoning Appeals
    2. Building the Record
    3. Use of Experts
    4. Burden of Proof
    5. Potential Relief
  5. APPEALS FROM ADMINISTRATIVE ZONING DECISIONS
    1:15 - 1:40, Gary F. Werner
    1. Procedural Requirements
    2. Components of an Effective Appeal
    3. Standard at the Common Pleas Review
    4. Standard at the Subsequent Appellate Review
  6. DECLARATORY JUDGMENT ACTIONS
    1:40 - 2:10, Gary F. Werner
    1. Exhaustion of Administrative Remedies
    2. Proper Parties
    3. Issue for Determination by the Court
    4. Evidence and Hearing
    5. Relief Which Can Be Granted
  7. INTERVENTION
    2:10 - 2:20, Gary F. Werner
    1. Intervention as of Right
    2. Permissive Intervention
  8. SETTLEMENT OF LAND USE DISPUTES
    2:20 - 2:30, Gary F. Werner
    1. Township Zoning Litigation: R.C. 505.07
    2. Municipal Zoning Litigation
  9. ACTIONS FOR DAMAGES—42 U.S.C. 1983
    2:45 - 3:45, Benjamin J. Ockner
    1. 42 U.S.C. 1983 Actions (“Section 1983”)
      1. Overview
      2. Jurisdiction and Abstention
      3. Elements of Claim and Required Allegations
      4. Parties Who May Sue and Be Sued
      5. Damages (Compensatory & Punitive) and Attorneys' Fees
      6. Statute of Limitations
    2. Denial of Procedural Due Process
    3. Denial of Substantive Due Process
    4. Denial of Equal Protection
    5. Taking of Property Without Just Compensation
      1. Physical Takes
      2. Regulatory Takes (Total and Penn Central )
      3. Permanent and Temporary Takes
      4. Exhaustion of State Remedies
  10. TAKINGS UNDER STATE LAW
    3:45 - 4:00, Benjamin J. Ockner
    1. Physical Takes
    2. Regulatory Takes (“Inverse Condemnation”)
    3. Statute of Limitations
    4. Remedy—Mandamus
  11. CURRENT ISSUES AND QUESTIONS
    4:00 - 4:30, Sheldon Berns, Benjamin J. Ockner and Gary F. Werner
    1. Regionalism
    2. Environmentalism
    3. Questions

Seminar Summary:

Before you take on a zoning amendment or permit dispute, take this essential course on the nuts and bolts of land use litigation. (see full course description)

print this agenda print agenda for the Intro to Zoning and Land Use Litigation training seminar

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