2017 Planning Law Review


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The U.S. Supreme Court, federal courts, and state courts all play an important role in shaping planning throughout the country. This annual review delves into the important cases, the decisions that were made — or not made — and how this will affect planning at many levels. The 2017 review will cover everything you need to know about how the decision in the “parcel as a whole” takings case, Murr v. Wisconsin, will affect the way your community plans. ​

In addition to the Murr v. Wisconsin Supreme Court ruling, the following cases are also covered:

•Bank of America v. Miami 

•Lynch v. California Coastal Commission (Short Update)

•Residential and Agricultural Advisory Committee v. Dyersville/Field of Dreams

•Ponce Inlet v Pacetta

•Recycle for Change v. City of Oakland

 

 


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About the Speakers

John Baker
John M. Baker is one of the founding partners of Greene Espel PLLP in Minneapolis. He has represented cities, counties, planning officials, and other public officials for over 25 years. He also taught land use law at William Mitchell College of Law in St. Paul from 2006 to 2014. He is a co-author of the 2015 edition of "Street Graphics and the Law," an APA publication. He is also the author of several articles about constitutional litigation, particularly in the fields of land use and free expression. He is also a regular presenter in state and national seminars on constitutional and statutory issues. He currently serves as the chair of the APA's amicus committee.

John Echeverria
John Echeverria is a Professor of Law at Vermont Law School where he teaches Property, Public Law and a wide range of environmental and natural resource law courses. Prior to joining the Vermont Law School faculty in 2009, he served for 12 years as Executive Director of the Georgetown Environmental Law & Policy Institute at Georgetown University Law Center. He also was General Counsel of the National Audubon Society and General Counsel and Conservation Director of American Rivers, Inc., and was an Associate for four years in the Washington, D.C. office of Hughes, Hubbard & Reed. He served for one year as law clerk to the Honorable Gerhard A. Gesell of the U.S. District Court for the District of Columbia immediately after graduating from law school. Professor Echeverria has written several books and numerous scholarly articles on environmental and natural resource law topics. He has published pieces for more general audiences in The New York Times, The Washington Post, and The Christian Science Monitor. He has represented state and local governments, environmental organizations, and planning groups in a variety of legal matters at all levels of the federal and state court systems. In 2007, Professor Echeverria received the Jefferson Fordham Advocacy Award from the American Bar Association to recognize outstanding excellence within the area of state and local government law over a lifetime of achievement. In addition to teaching at Vermont Law School, he has served as a Visiting Professor at Harvard Law School and Georgetown University Law Center. Professor Echeverria received a JD degree from the Yale Law School. He received a Master’s degree from the Yale School of Forestry and Environmental Studies as well as a BA degree from Yale College (summa cum laude).

Deborah Rosenthal
Ms. Rosenthal devotes her practice to land use and environmental law and litigation. She works extensively with land use and environmental issues in California, including wetlands, endangered species, takings, historic preservation, mitigation banking and coastal issues. Deborah has also been involved in a variety of complex federal- and state-coordinated environmental permitting programs for large private developments, including the negotiation of development agreements and preparation of development plans. A major portion of her practice is devoted to CEQA, inverse condemnation and general plan litigation in connection with land use entitlements for large residential real estate developers. She has also represented clients in complex land use litigation throughout California. Immediately before admission to the California bar, Deborah served as Executive Director of the Landmarks Preservation Council of Illinois.

Patricia Salkin
Patricia E. Salkin is Dean and Professor of Law at Touro Law Center. She previously served as the Raymond & Ella Smith Distinguished Professor of Law, as well as Associate Dean and Director of the Government Law Center of Albany Law School. Salkin is the author of hundreds of books, articles and columns primarily focused on land use, zoning and community development. She served two terms as an appointed member of the National Environmental Justice Advisory Council, a Federal Advisory Committee to the U.S. Environmental Protection Agency. A member of the American Bar Association’s House of Delegates, Dean Salkin holds and has held many leadership positions within both the ABA and the New York State Bar Association including: Past Chair of the ABA State and Local Government Section and current member of the Standing Committee on Governmental Affairs (ABA); Past Chair of the NYSBA Municipal Law Section and Founding Member and Past Chair of the NYSBA Committee on Attorneys in Public Service; and she has chaired numerous NYSBA task forces including ones focusing on: government ethics, eminent domain, town and village justice courts, and legal education and admission to the bar. A nationally recognized scholar on land use law and zoning, Dean Salkin is the author of the popular blog, Law of the Land http://lawoftheland.wordpress.com/. Her land use publications include: The 4-volume 4th edition of New York Zoning Law & Practice; the 5-volume 5th edition of American Law of Zoning; Land Use & Sustainable Development: Cases and Materials, 8th ed.; Climate Change and Sustainable Development Law in a Nutshell; Land Use in a Nutshell, 2nd ed., the last three being co-authored works. She has served on the Board of Directors of the New York Planning Federation, and has been active in land use reform efforts including membership on the Land Use Advisory Committee of the NYS Legislative Commission on Rural Resources. She served for two decades a reporter for the American Planning Association's Planning & Environmental Law (until it ceased publication) and on the Editorial Advisory Board for The Urban Lawyer produced by UMKC School of Law for the ABA. Dean Salkin continues to serve as the long-term chair of the American Planning Association's Amicus Curiae Committee. She has consulted on land use issues for many national organizations including: the American Planning Association, the American Institute of Certified Planners, the National Academy for Public Administration and the National Governor’s Association.

Robert Thomas
Robert H. Thomas is a land use and appellate lawyer, and focuses on regulatory takings, eminent domain, water rights, and election and political law cases. He has tried cases and appeals in Hawaii, California, and the federal courts. Robert received his LLM, with honors, from Columbia Law School where he was a Harlan Fiske Stone Scholar, and his JD from the University of Hawaii School of Law where he served as editor of the Law Review. Robert taught law at the University of Santa Clara School of Law, and was an exam grader and screener for the California Committee of Bar Examiners. He is the Chair-Elect of the American Bar Association’s Section on State & Local Government Law, and was the long-time Chair of the Section’s Eminent Domain Law Committee. He is the Hawaii member of Owners’ Counsel of America, a national network of the most experienced eminent domain and property rights lawyers. Membership in OCA is by invitation only, and is limited to a single attorney from each state. He is also the Co-Planning Chair (with Joe Waldo, of Virginia) of the American Law Institute-CLE’s annual three-day conference on condemnation law, Eminent Domain and Land Valuation Litigation. Robert is also the Managing Attorney for the Pacific Legal Foundation Hawaii Center, a non-profit legal foundation dedicated to protecting property rights and individual liberties. He is listed in Best Lawyers in Eminent Domain and Condemnation Law, and Land Use & Zoning Law, and in Super Lawyers in Appellate Law, Land Use/Zoning, and Government/Cities/Municipalities. He is also a frequent speaker on land use and eminent domain issues in Hawaii and nationwide. Robert regularly publishes scholarly and practical articles in his area of practice. For a partial list, go here. His blog on land use, property, and takings law, inversecondemnation.com, is one of the most widely-read blogs on those subjects.

Nancy Stroud
Ms. Stroud, AICP, is of counsel to the firm of Lewis Stroud & Deutsch, in Boca Raton, Florida. Her law practice focuses on the representation of local governments in land use matters. She is a member of the APA Amicus Curiae Committee, which filed an amicus brief in the Murr case on behalf of Respondents. She regularly lectures and publishes on land use topics for lawyers and planners. She is co-author of the LEXIS/NEXIS land use treatise Planning and Control of Land Development: Cases and Materials.