Robinson & Cole LLP - Land Use and Zoning Reference Materials

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Land Use and Zoning Reference Materials Practice

Articles


"A Primer on Title II of the ADA As It Affects Real Estate" by Dwight H. Merriam coauthored with R. Jeffrey Lyman (8/2000), published in Accessibility Under the Americans with Disabilities Act and Other Laws, Chapter 5, American Bar Association
"An Addendum on Grassroots Lobbying" by Dwight H. Merriam coauthored with Robert I. McMurry (8/2004), published in American Law Institute-ABA, 20th Annual Land Use Institute, Boston, MA
"Book Review: Introduction to Zoning, 2d Edition" by Michael S. Giaimo (Autumn 2002), published in Journal of the American Planning Association (JAPA)
"Chapter 40R: A New Mechanism for Encouraging Housing Construction" by Matthew J. Lawlor coauthored with Michael S. Giaimo (12/2004), published in Massachusetts Lawyers Weekly "Chapter 40R: A New Mechanism for Encouraging Housing Construction," co-written with Michael S. Giaimo, Published in Mass Lawyers Weekly, 33 M.L.W. 807 (2004).
"Church v. State" by Michael S. Giaimo coauthored with Dwight Merriam (4/2003), published in Planning Summarizes and describes legal developments under the Religious Land Use and Institutional Persons Act, including advice to municipalities
"Commentary" by Dwight H. Merriam (4/2001), published in Land Use Law & Zoning Digest, vol. 53, no. 4
"Developing the Undevelopable" by Timothy D. Bates (8/23/1993), published in Connecticut Law Tribune, Environmental Law Supplement How to use the variance power to develop isolated and difficult properties.
"Good and Evil in the Village of Willowbrook: The Story of the Olech Case" by Dwight H. Merriam (5/2000), published in Zoning and Planning Law Report, vol. 23, no. 5
"Homeland Security Begins at Home: Local Planning and Regulatory Review to Improve Security" by Dwight H. Merriam coauthored with Rufus C. Young, Jr. (11/2003), published in Land Use Law & Zoning Digest, vol. 55, no. 11
"Homeland Security Issues: A Land Use Checklist" by Dwight H. Merriam coauthored with Rufus C. Young, Jr., and Elizabeth A. Castellani (8/2003), published in American Law Institute-ABA, 19th Annual Land Use Institute, Santa Fe, NM
"How to Kill a Development Project in Ten Easy Steps" by Dwight H. Merriam coauthored with Robert I. McMurry (8/2003), published in American Law Institute-ABA, 19th Annual Land Use Institute, Santa Fe, NM
"Ill Will and Class of One: Equal Protection Claims after the Olech Decision" by Michael S. Giaimo (2/2003), published in Land Use Law & Zoning Digest This article discusses the state of the law with respect to equal protection claims for the denial of development permits. It specifically addresses the confused case law in the wake of the Supreme Court's Village of Willowbrook v. Olech decision, with respect to the need to prove "ill will" as part of such a claim.
"Land Use and Zoning Law: Recent Developments in the Second Circuit 1998" by Dwight H. Merriam coauthored with Robert J. Sitkowski (1999), published in Quinnipiac Law Review, vol. 18, no. 4
"Land Use and Zoning Law: Recent Developments in the Second Circuit 1999-2000" by Dwight H. Merriam coauthored with Gregory W. McCracken (Summer 2001), published in Quinnipiac Law Review, vol. 21, no. 1
"Legal Issues in Land Development/Recent Developments in the Law" by Matthew J. Lawlor (5/31/2006), comments offered to the Boston Society of Civil Engineers, focusing on eminent domain and regulatory takings, Boston, Massachusetts [Copy]
"Overcoming Opposition in Commercial Real Estate Development" by Dwight H. Merriam (4/2001), published in Commercial Real Estate, a supplement to Connecticut Law Tribune
"Regulating McMansions, Starter Palaces & Homes on Steroids" by Dwight H. Merriam coauthored with Robert I. McMurry (8/2004), published in American Law Institute-ABA, 20th Annual Land Use Institute, Boston, MA
"The 2000 ZiPLeRs: The Sixth Annual Zoning and Planning Law Report Land Use Decision Awards" by Dwight H. Merriam (2/2001), published in Zoning and Planning Law Report, vol. 24, no. 2
"The Aftermath of Del Monte Dunes" by Dwight H. Merriam (2/2000), published in 2000 Training School & Annual Meeting, Association of Towns of the State of New York
"The Palazzolo Palaestra" by Dwight H. Merriam (12/2000), published in Zoning and Planning Law Report, vol. 23, no. 11
"The Problems in Keeping Affordable Housing Affordable" by Dwight H. Merriam (8/2003), published in American Law Institute-ABA, 19th Annual Land Use Institute, Santa Fe, NM
"The U.S. Supreme Court’s Decision in Del Monte Dunes: The Views of Two Opinion Leaders" by Dwight H. Merriam (8/2000), published in Zoning and Planning Law Handbook, chap. 11
"The Ultimate in Federal Land Use Planning: The Total Maximum Daily Load (TMDL) Program" by Dwight H. Merriam (2001), published in Trends in Land Use Law from A to Z, American Bar Association
"Update on the First Amendment and Adult Uses" by Dwight H. Merriam coauthored with Benjamin H. Dowling (8/2004), published in American Law Institute-ABA, 20th Annual Land Use Institute, Boston, MA
"Update on the First Amendment and Religious Land Uses" by Dwight H. Merriam coauthored with Gregory W. McCracken (8/2004), published in American Law Institute-ABA, 20th Annual Land Use Institute, Boston, MA
"Overcoming Opposition in Commercial Real Estate Development" by Dwight H. Merriam (2001), published in Connecticut Law Tribune
"Palazzolo Promotes Property Rights," by Dwight H. Merriam coauthored with Bryan W. Wenter (2001), published in APA Zoning and Planning Law Report
"Steering Your Way Through Local Zoning Requirements" by Michael S. Giaimo (2006 supp.), published in MCLE Massachusetts Basic Practice Manual Author of article on zoning in book containing overview of Massachusetts legal practice.
"Connecticut Family Values" by Dwight H. Merriam (12/2000), published in Connecticut Lawyer
"Preston v. Zoning Board of Appeals of Hull and the Zoning Doctrine of Merger: A Reminder from the Appeals Court" by Michael S. Giaimo (Summer 2001), published in The Conveyancer Discusses the zoning doctrine of lot merger in Massachusetts and its implications for real estate development, as affected by a recent Massachusetts appellate decision.
"Historical Development of Massachusetts Zoning Law" by Michael S. Giaimo (2005 supp.), published in MCLE Massachusetts Zoning Manual Update to chapter that traces history of zoning law in Massachusetts.
"The Seven-Nun Conundrum," by Dwight H. Merriam coauthored with Robert J. Sitkowski (1999), published in Land Use Law & Zoning Digest A discussion of the definition of "family" in municipal zoning ordinances.
"Special Permits" by Michael S. Giaimo coauthored with Christopher Foster (2005 supp.), published in MCLE Massachusetts Zoning Manual
"Zoning Freezes" by Michael S. Giaimo coauthored with Brian Blaesser (2005 supp.), published in MCLE Massachusetts Zoning Manual Update to chapter addressing vested rights under Massachusetts zoning and subdivision law.
"Brownfields Property Disposition Strategies" by Thomas P. Cody (1996), published in Robinson & Cole: The Law & The Land
"A Tale of Two Towns: An Affordable Housing Update" by Thomas P. Cody (1994), published in Robinson & Cole: The Law & The Land
"Personal Wireless Service Facilities — A Sample Ordinance" by Kenneth C. Baldwin Trends in land use law from A to Z.
Books

Brownfields Law and Practice, Connecticut chapter and updated biannually by Robert S. Melvin (2001), published by Matthew Bender & Co. Coauthor of the summary of Connecticut laws and programs relating to cleanup and redevelopment of contaminated brownfield properties.
Discretionary Land Use Controls: Avoiding Invitations to Abuse of Discretion by Brian W. Blaesser, published by West Group
Inclusionary Zoning Moves Downtown by Dwight H. Merriam (1985), published by American Planning Association (APA)
Presentations

""The Truth About Property Rights"" by Carla M. Moynihan (Spring 2006), presented at American Planning Association's 2006 National Conference, San Antonio, Texas, panel moderator
"Anti-Snob Zoning and Smart Growth Overlays: The Yin and Yang of Multifamily Housing Development in Massachusetts" by Matthew J. Lawlor (8/16/2005), presented at Lorman Education Seminar on Advanced Zoning and Land Use - Massachusetts, Worcester, Massachusetts
"Challenging Improper Land Use Decision Making under the Equal Protection Clause" by Michael S. Giaimo (10/30/2003), presented at Georgetown Center for Environmental Law Litigating Regulatory Takings Symposium (New York City) Provided an overview of federal law concerning "class of one" equal protection claims in the land-use context as part of a panel discussing constitutional theories for challenging land use decisions.
"Chapter 205 of the Acts of 2006 - The Expedited and Streamlined Permitting Law" by Matthew J. Lawlor (10/3/2006), presented at roundtable discussion with David Sterrett, Boston Bar Association's Land Use Development Committee Assistant Corporation Counsel, City of Boston, at the monthly meeting of the Boston Bar Association's Land Use and Development Committee.
"Class of One Equal Protection" by Michael S. Giaimo (10/28/2005), presented at Georgetown Law Center Regulatory Taking Seminar, held at Harvard Law School
"Climate Change and Its Implications for Land Use Planning and Transportation" by John P. Casey (6/7/2006), presented at University of Colorado School of Law, Natural Resources Law Center's 27th Annual Summer Conference: Climate Change and the Future of the American West R&C Landlaw attorney, John Casey, spoke at the University of Colorado School of Law's Natural Resources Law Center's 27th Annual Summer Conference: Climate Change and the Future of the American West. The conference, which attracted participants and experts from across the country, addressed many topics related to climate change science and policy. Mr. Casey was on a panel entitled Climate Change and its Implications for Land Use Planning and Transportation. He spoke about legal issues related to sea level rise and policies to protect coastal resources.
"Connecticut's Nitrogen TMDL and Credit Exchange Program" by Robert S. Melvin (6/2003), presented at Association of Metropolitan Sewer Agencies, (3/2003) presented at New York City Bar Association and Connecticut Bar Association
"Connecting the Dots to a Successful Brownfields Project: A Case Study" by James P. Ray (8/7/02), presented at International Economic Development Council Brownfields Workshop This presentation focused on the steps to consider when undertaking a brownfields project. An interactive case study was presented allowing the audience members to play various roles in the deliberations surrounding the possible conversion of a waterfront bulk fuel oil storage terminal to an upscale apartment complex.
"Eminent Domain Issues in a Post-Kelo World" by Bradford S. Babbitt coauthored with Dwight Merriam, John Peloso, David Ross, Norman Benedict, and Tom Londregan (9/8/2006), presented at Connecticut Bar Association Continuing Legal Education Program As part of this review of the Kelo case and its effect on eminent domain actions in Connecticut, Brad discussed the trial court's role when presiding over an appeal from a certificate of taking filed by a municipality or state agency. The presentation also reviewed recent developments in Connecticut law regarding factors considered by courts in determining the fair market value of property being taken by eminent domain. [Copy]
"Life After Bishops Forest" by Lawrence P. Heffernan coauthored with V. Douglas Errico, Esq., Robert J. Galvin, Esq., and Samuel B. Moskowitz, Esq. (5/2003), presented at MCA Spring Seminar
"Litigating The Eminent Domain Case In Connecticut" by Bradford S. Babbitt coauthored with Dwight H. Merriam, Brian R. Smith, David E. Ross, Robert J. Sitkowski (10/10/2007), presented at Second Annual Property Rights Seminar: Update on Eminent Domain and Regulatory Takings This comprehensive, all-day program addressed recent developments in regulatory and eminent domain takings. Sessions included the new Office of Property Rights Ombudsman, legislation, and court rulings. Mr. Babbitt's presentation focused on the substantive and procedural issues that must be addressed in litigating an eminent domain action in Connecticut.
"More on RLUIPA" by Michael S. Giaimo (12/2003), presented at Center for American and International Law Annual Program on Planning, Zoning, and Eminent Domain (Dallas, TX) Provided rebuttal and supplemental comments to presentation by Professor Daniel Mandelker on religious land use law.
"New Urbanism, Smart Growth, TOD and Form-Based Coding: Can They Really Work in Massachusetts" by Matthew J. Lawlor coauthored with George Proakis, City of Lowell (8/16/2005), presented at Lorman Education Seminar on Advanced Zoning and Land Use in Massachusetts, Worcester, Massachusetts
"Recent Developments in Federal Telecommunications Act Law" by Michael S. Giaimo (12/2003), presented at Center for American and International Law Annual Program on Planning, Zoning, and Eminent Domain (Dallas Tx) Overview of legal developments under the Federal Telecommunications Act.
"Regulation of Nonconforming Uses" by Timothy D. Bates (Spring 2006), presented at American Planning Association's 2006 National Conference, San Antonio, Texas, chaired panel
"Religious Land Use" by Michael S. Giaimo (2/2002), presented at Center for American and International Law (CAIL) Annual Institute on Planning, Zoning, and Eminent Domain (San Francisco) Overview of recent developments in religious land use law including the Religious Land Use and Institutionalized Persons Act (RLUIPA).
"Religious Land Use" by Michael S. Giaimo (9/2002), presented at National Association of Towns and Townships Annual Meeting (Washington, D.C.) Overview of religious land use law including recent developments under the Religious Land Use and Institutionalized Persons Act
"Religious Land Use" by Michael S. Giaimo coauthored with Dwight Merriam (6/2002), presented at Center for American and International Law Short Course on Land Use Law (New York City) Overview of recent developments in religious land use law including the Religious Land Use and Institutionalized Persons Act
"Religious Land Use" by Michael S. Giaimo coauthored with Professor Daniel Mandelker (3/2003), presented at Center for American and International Law, A Short Course on Land Use Law (Albany, NY) Overview of case law and issues under the Federal Religious Land Use and Institutionalized Persons Act
"Religious Land Use Law" by Michael S. Giaimo (10/2003), presented at Rocky Mountain Land Use Institute Annual Conference (Denver, CO) Overview of religious land use law, including recent developments under the Religious Land Use and Institutionalized Persons Act
"Right to Farm Act: When Can Barring Nuisance Actions Constitute an Unconstitutional Taking?" by Timothy D. Bates (Spring 2006), presented at American Planning Association's 2006 National Conference, San Antonio, Texas; also presented at Rocky Mountain Land Use Institute, Denver, Colorado (2007), panelist
"Site Plan Review and Constructive Grant" by Michael S. Giaimo (11/2003), presented at Massachusetts Continuing Legal Education Overview of Massachusetts law on site plan review and constructive grant of special permits and variances
"The Aquaculture Facility Permit Process and Regulatory Compliance Requirements: How to Explain Them to Your Banker" by W. Richard Smith, Jr., presented at Aquaculture 2004, March 2004, Honolulu, HI This presentation reviews the interests of lenders in understanding environmental permit requirments and other regulatory impacts on operations and the loan review and approval process. Issues related to the borrower's repayment of debt, the value of security and potential liability are discussed. Also reviewed are measures to improve lender confidence in the ability of borrower aquaculturists to meet operating requirements and their obligations to lenders. [Copy]
"The New Chapter 40R: Massachusetts Tries to Encourage Smart Growth through Incentives for Higher Density Residential and Mixed-Use Zoning" by Matthew J. Lawlor coauthored with Sarah Young, deputy director of policy, Massachusetts Department of Housing and Community Development (4/1/2005), presented at Smart Policies for Smart Design Session at the Congress for New Urbanism - New England Chapter First Annual Conference, Placemaking in New England Presentation provided background and some commentary on new Chapter 40 (Massachusetts Smart Growth Zoning Act) as part of panel discussion in efforts at smart growth at the state level in Massachusetts and Vermont. [Copy]
"The Operational Challenge of Effective Biosecurity Programs" by W. Richard Smith, Jr. coauthored with John R. MacMillan, Ph.D., president, National Aquaculture Association, presented at Aquaculture 2004, March 2004, Honolulu, HI This presentation reviews the objectives of biosecurity plans for commercial aquaculture facilities, the drivers that influence such plans and the challenges presented by different types of production facilities. Also considered are the limitations that arise from proscriptive regulatory standards for biosecurity plans versus stated objectives that leave adaptability and flexibility available in design of facility plans. [Copy]
"The Relevant Parcel and Partial Takings" by Michael S. Giaimo (2/2002), presented at Center for American and International Law Annual Institute on Planning, Zoning, and Eminent Domain (San Francisco) Overview of case law on partial takings.
"U.S. Regulation of Offshore Aquaculture: Can We Compete in a Global Market?" by W. Richard Smith, Jr., presented at Aquaculture 2004: The International Triennial Meeting of the National Aquaculture Association, the World Aquaculture Association, and the American Fisheries Society, March 2004, Honolulu, HI This presentation discusses the elements to address in development of federal legislation to support offshore aquaculture beyond state waters. The production of food fish is identified as the primary purpose of such efforts, and the need to coordinate various regulatory programs reviewed. [Copy]
"Water Boundaries" by Timothy D. Bates (9/17/2007), presented at National Business Institute, part of "Boundary Disputes: Resolving Client Conflicts"
"What Every Association Executive Should Know About Land Use" by Michael S. Giaimo (3/2003), presented at National Association of Realtors Executive Conference (Chicago, IL) Overview of "smart growth" concepts, techniques and trends.
"Zoning Appeals" by Michael S. Giaimo (3/2006), presented at MCLE 8th Annual Real Estate Law Conference
"Zoning Freezes, Subdivision Controls, and Site Plan Review" by Michael S. Giaimo (1/2004), presented at CLE International Land Use and Development Law (Boston, MA) Overview of Massachusetts subdivision control law and zoning topics
"Land Use Controls" by Richard M. Fil (6/2001), presented at a Connecticut Bar Association (CBA) Annual Meeting Description of land use controls with a focus on environmental land use restrictions (ELURs) in Connecticut. The presentation included planning strategies to determine whether an ELUR would be enforceable and appropriate for the current and future uses of the property.
"Planning Commissions" by Timothy D. Bates (3/3/2001), presented at CBA An overview of the roles and responsibilities of planning commissions under Connecticut law.
"Institutional Controls" by Richard M. Fil (1/2001), presented at an Environmental Bankers Association event Explanation and use of institutional controls to cost-effectively manage remediation projects. Examples include land use restrictions, use and activity limitations, deed notices, and zoning restrictions.
"Bad Faith in Section 1983 Takings Litigation" by Michael S. Giaimo (11/2000), presented at Southwestern Legal Foundation Institute on Planning, Zoning, and Eminent Domain (San Francisco) Addressed the Supreme Court's Olech decision and the application of equal protection law to land use litigation.
"Site Plan Review and Constructive Grant" by Michael S. Giaimo (2005), presented at MCLE Zoning Basics Seminar Spoke on the topics of site plan review and constructive grant of zoning permits under Massachusetts law.
"Connecticut's Affordable Housing Act" by Timothy D. Bates (3/28/2000), presented at CBA A review of the provisions of Connecticut's Affordable Housing Act and the cases implementing it.
"Aesthetic Zoning in Connecticut" by Timothy D. Bates (11/20/1998), presented at Connecticut Bar Association (CBA) An examination of the basis for regulating appearance of structures and improvements under Connecticut zoning law.
"Planning and Zoning Appeals" by Timothy D. Bates (2/18/1991), presented at CBA Copresented with Michael J. Cacace a review of appeals procedures to the Connecticut Superior Court from state land use commissions.
Videos

Substantial Relationship and the Supreme Court’s Del Monte Dunes Decision by Dwight H. Merriam coauthored with D. Callies and J. Laitos (6/2001), published in Rocky Mountain Land Use Institute Publications Catalogue, (video)