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Overcoming Objections: How and When to Go on Offense Against Land Use Objectors

Land use projects generate opposition. The project is too tall, say critics. Or too dense. Or too out of synch with its surroundings. Even the now-celebrated craftsman bungalows were initially derided as “utterly debased” and a threat to city life. Suffice it to say, handling objections to development has been and will continue to be a fact of real estate life. Objections create delay, uncertainty and expense, particularly when they mature into a lawsuit—and the targets of land use ire often ask whether they must endure complaints and lawsuits via defensive measures alone, or whether it is possible to go on offense. This article briefly describes the typical defensive posture and highlights the narrow class of cases in which it may be possible to take the legal fight back to land use objectors.
Rocky Mountain Real Estate Blog

The latest real estate and land use news and updates.

Colorado Springs: A Millennial Haven?

It is no surprise that Colorado is ranked as the third most popular state for relocating millennials.  However, where in the state these 23-38 year olds are choosing to live just might be.  While Denver may seem to be a logical choice for inbound millennials, as has been the case in the recent years, millennials... Continue Reading...

Rocky Mountain Sign Law Blog

Regulatory, best practices, and other First Amendment news.

Federal Court Denies Challenge to Oakland, California’s “1% for Art” Program

In August, the Ninth Circuit Court of Appeals affirmed a district court’s rejection of claims by the Building Industry Association of the Bay Area that the City of Oakland’s program requiring developers to contribute 1% of the cost of a development project to public art violated the First Amendment.  In an unpublished opinion, the circuit... Continue Reading...

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