ARTICLE
25 March 2024

Judicial Review Of A Local Land Use Decision

The bill requires a court to award reasonable attorney fees to a prevailing defendant in an action for judicial review of a local land use decision, except for an action brought...
United States Real Estate and Construction
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HB24-1107

Summary

The bill requires a court to award reasonable attorney fees to a prevailing defendant in an action for judicial review of a local land use decision, except for an action brought by the land use applicant before the governmental entity. Filing an action for judicial review of a local land use decision does not affect the validity of the local land use decision. The bill authorizes a governmental entity and the public to rely on the local land use decision in good faith for all purposes until the action for judicial review is resolved.

Legislative Updates

  • Amended to limit fee recovery from all defendants in a Rule 106 action to only "government entities," and only relating to land use decisions "involving residential use with a net project density of 5 dwelling units per acre or more."
  • 2024-03-11 / Introduced
    House Third Reading Passed - No Amendments
  • 2024-03-08
    House Second Reading Special Order - Passed with Amendments - Committee, Floor
  • 2024-01-25 / Introduced
    Introduced In House - Assigned to Transportation, Housing & Local Government

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ARTICLE
25 March 2024

Judicial Review Of A Local Land Use Decision

United States Real Estate and Construction

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