Land Use Litigation: When Conflicts Escalate In California Development Projects
It doesn’t take much for a land use conflict to escalate into litigation. Attorney Michael Durkee has more than 40 years of experience in land use law. He has dedicated his legal career and private practice in Walnut Creek to land use law. At the Law Office of Michael Patrick Durkee, Mike provides legal guidance to developers, builders, individuals and even municipalities in their development projects and land use matters throughout California.
When conflicts escalate to the point of litigation, an experienced negotiator who thoroughly understands the state and local laws can be an invaluable asset. An experienced land use litigator can facilitate a resolution to conflicts in a cost-effective manner, and work to keep development projects on track. Mike has been involved in some of California’s most celebrated development projects. He has also been instrumental in resolving conflicts in some of California’s most controversial projects. He is confident and capable that he can help you resolve the most complex and contentious development issues.
When Do Land Use Conflicts Go To Trial In California?
Land use conflicts in California may go to trial when parties cannot resolve their differences through attempts at negotiation or mediation. These conflicts often involve disagreements over zoning laws, property boundaries or environmental regulations. If discussions fail or parties disagree on the interpretation of the law, legal proceedings might be necessary to reach a resolution.
A land use conflict typically goes to trial when there is a significant legal question that requires a judge’s decision, or when the parties involved are unable to come to an agreement outside of court. Before reaching this stage, it’s common for both sides to attempt alternative dispute resolution methods like mediation. However, when these efforts do not lead to a settlement, a trial becomes the next step to ensure that each party’s rights are fairly considered and adjudicated according to California law.
Resolving Conflicts In Land Use Law
As a litigator, Mike has decades of experience helping developers, builders, businesses, property owners and counties resolve their conflicts in trial and on appeal in state and federal courts. Mike has litigated environmental and land use issues involving:
- The California Environmental Quality Act (CEQA)
- The Subdivision Map Act
- Planning and zoning laws
- Elections law
- Municipal law
Many of Mike’s cases have been cases of “first impression,” either making new law or providing needed clarification to an existing gap in the law. Mike’s cases of first impression include Sierra Club v. Napa Board of Supervisors, 205 Cal.App.4th 162 (2012) [Lot Line Adjustments]; Fogarty v. City of Chico, 148 Cal.App.4th 537 (2008) [what is an “exaction” under the Mitigation Fee Act]; County of Humboldt v. McKee, 165 Cal.App.4th1476 (2008) [Williamson Act]; Davidon Homes v. City of San Jose, 54 Cal.App.4th 106 (1997) [CEQA lawsuit regarding need for substantial evidence in record]; Citizens of Goleta Valley v. Santa Barbara County, 52 Cal.3d. 553 (1990) [Amicus curiae counsel to League of California cities on now-famous CEQA case regarding “alternative sites” analysis in EIRs].
Can You Appeal A Land Use Decision In California?
Yes, you can appeal a land use decision in California. If you believe a decision made by a local planning board or zoning authority is unfair or incorrect, you have the right to challenge it. The appeal process typically begins by filing a formal appeal with the local government agency responsible for the decision.
Appeals must be filed within a specific time frame, often outlined in the decision notice. If the local appeal does not result in a satisfactory outcome, you may take your case to court. The court will review the decision to ensure it complies with applicable laws and regulations. It’s important to have a knowledgeable land use lawyer to guide you through this process to present a strong case and protect your interests.
Consult A California Land Use Litigator For Free
California land use conflicts that escalate into litigation can be complex, stalling development projects and resulting in costly delays. For guidance and advice regarding the next steps for resolving these conflicts, land use lawyer Mike Durkee offers clients a free initial consultation.
Call 510-906-4990 to schedule your free appointment and speak with an experienced land use litigator about your project. You can also send a brief summary of your legal matter to Law Office of Michael Patrick Durkee through the firm’s confidential online form.