Tag Archives: development issues

District of Columbia – Public Participation in Private Development Venture does not trigger Davis-Bacon Act

D.C., et al. v. Department of Labor, et al.

On April 5, 2016, the U.S. Court of Appeals for the D.C. Circuit determined whether the Davis-Bacon Act applies to the construction of CityCenterDC.   According to the Court, CityCenterDC is a large private development in the heart of Washington, D.C. It features upscale retail stores such as Hermès, Boss, and Louis Vuitton; high-end restaurants such as DBGB and Centrolina; the large private law firm of Covington & Burling; and luxury residences.

Continue reading District of Columbia – Public Participation in Private Development Venture does not trigger Davis-Bacon Act

Virginia – New Development Under Construction at Duck-In Site

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Condos, apartments going up where Duck-In parties were held in Virginia Beach

VIRGINIA BEACH Maybe you were there for the last beach party at the Duck-In more than a decade ago. Brian Viau was. People packed into the gazebo with the blue roof and boaters beached along the shoreline for cold beer and dazzling sunsets where the Chesapeake Bay meets Lynnhaven Inlet.

It’s easy to forget that development sites had a long history before their current use.  Incorporating existing, iconic elements into the new development plan ties together generations.

One remnant of the Duck-In will live on for the condominium residents. The gazebo, built in the late 1980s, is still standing and will be renovated.”

Virginia – Chesapeake council to consider allowing developer to omit contaminants from disclosure (UPDATED)

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Chesapeake council to consider allowing developer to omit contaminants from disclosure

CHESAPEAKE The City Council could decide Tuesday to allow a developer not to share with new residents a list of contaminants – including elevated levels of arsenic, lead and petroleum hydrocarbons – found in the area’s shallow groundwater.

UPDATE:  At its meeting on March 15, 2016, the Chesapeake City Council unanimously denied the request for change in proffered contaminant language.

 

Virginia – A win for developers, new state proffer law frustrates Chesapeake

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A win for developers, new state proffer law frustrates Chesapeake

CHESAPEAKE Starting this summer, developers coming to the City Council with new projects may be able to offer significantly less in impact fees than their predecessors, under legislation signed by the governor this week. Senate Bill 549 updates Virginia’s rules on proffers – voluntary fees paid to a local government to offset the impact of development on infrastructure.

 

District of Columbia – Mayor’s $100M a year for affordable housing isn’t close to enough

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The Mayors $100M A Year For Affordable Housing Isnt Close To Enough

With more Millennials and other out-of-towners moving into the District for a taste of the fast-paced life in our nation’s capital, combined with “up-and-coming” neighborhoods sprouting like weeds- along with their rents-Washington, DC, faces an escalating affordable housing issue. To tackle these issues, we’re hosting our Fifth Annual Affordable Housing Forum on Thursday, March 24.

 

California – U.S. Supreme Court Denies Review of Affordable Housing Law, for now

California Building Industry Ass’n v. San Jose – Denial of Cert

The U.S. Supreme Court refused review of the California Supreme Court decision in the case California Building Industry Association vs. San Jose, leaving the  California Supreme Court decision in place.

The case (and related decisions) has important implications for issue that remains “unsettled” under the Takings Clause of the U.S. Constitution.

Continue reading California – U.S. Supreme Court Denies Review of Affordable Housing Law, for now

Virginia – Proffer Reform Legislation (SB649) Passes House of Delegates

Restrictions on development proffers move closer to becoming law in Va.

Legislation that would restrict what local governments in Virginia can ask of home builders moved a step closer to becoming law Tuesday, despite heated opposition from officials in Fairfax, Prince William and Loudoun counties. In a 72-26 vote, the state House of Delegates approved a version of the reforms to the state’s so-called proffer system that had already passed the Senate.

With some holdouts remaining, proffer bill again passes House

Major changes to the way local governments extract cash and other concessions from residential developers moved closer to becoming law Tuesday as the House of Delegates approved the Senate version of a bill to reform the state’s proffer system.

Proffer debate gets local attention

HANOVER – The Virginia General Assembly is moving forward with its attempt to revamp and revise state regulations on Virginia proffer guidelines.

Illinois – Henderson Square Condo. Assoc’n v. LAB Townhomes, LLC

Henderson Square Condo. Assoc’n v. LAB Townhomes, LLC

Henderson Square Condominium Association sued the developers, alleging: breach of the implied warranty of habitability, fraud, negligence, breach of the Chicago Municipal Code’s prohibition against misrepresenting material facts in the course of marketing and selling real estate.