In a 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., the U.S. Supreme Court upheld the use of disparate impact analysis in Fair Housing Act claims. Continue Reading Disparate Impact Liability Survives U.S. Supreme Court Review
California Supreme Court: Mandatory Affordable Housing Requirements Are Valid Land Use Regulations
Last week, in a case with national significance for multifamily housing developers, housing advocates, and local governments, the California Supreme Court upheld the City of San Jose’s inclusionary housing ordinance. Continue Reading California Supreme Court: Mandatory Affordable Housing Requirements Are Valid Land Use Regulations
U.S. Supreme Court Deals Significant Setback for Local Governments in Sign Case
Regulating signs in a content neutral manner satisfying First Amendment limitations may become more difficult for local governments following today’s U.S. Supreme Court decision in Reed v. Town of Gilbert. In today’s opinion, all nine Supreme Court justices agreed that the Town of Gilbert, Arizona’s sign code failed the First Amendment’s content neutrality requirement, although the justices came to that conclusion in different ways. Continue Reading U.S. Supreme Court Deals Significant Setback for Local Governments in Sign Case
Amendments to Colorado Urban Renewal Law May Limit Use of Tax-Increment Financing
In May, the Colorado legislature approved a bill amending the state’s Urban Renewal Law, C.R.S. § 31-25-101 et seq., to place new limitations on urban renewal authorities. Continue Reading Amendments to Colorado Urban Renewal Law May Limit Use of Tax-Increment Financing
Construction Defects Fight Isn’t Over: Colorado Court of Appeals Weighs In
Despite the failure of Senate Bill 177 last week, there is positive news for condo developers. Continue Reading Construction Defects Fight Isn’t Over: Colorado Court of Appeals Weighs In
