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
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.