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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.

Front Range-Wide Residential Growth Cap One Step Closer to Colorado’s 2020 Ballot

In July, voters in Lakewood approved a one percent per annum cap on residential unit construction.  Now, a proposed ballot measure aiming to require counties along the Front Range to follow suit is one step closer to appearing on Colorado’s 2020 ballot. Initiative 22 proposes a change to the Colorado Revised Statutes which would require... Continue Reading...

Rocky Mountain Sign Law Blog

Regulatory, best practices, and other First Amendment news.

Texas City’s Banner Sign Limitation Found Content Based, But Survives First Amendment Challenge

It is a rare free speech case where a court finds a regulation content based, but still upholds the regulation.  That very scenario played out in a federal district court in Texas, when it upheld the City of Shavano Park’s sign regulation prohibiting certain banner signs. Shavano Park, a suburb of San Antonio, has a... Continue Reading...

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