Land Use and Natural Resources - Environmental

Overview

Beveridge & Diamond, P.C. provides the complete range of land use and real estate services to property owners, developers, builders, government agencies and trade associations.  Our experience runs the gamut of planning, zoning, subdivision and permitting for projects as well as any necessary real estate transactions.  We practice before state and federal administrative agencies and courts.  With project development, we are well versed in takings law as well as “smart growth” principles and the use of Section 1983 property rights in land use litigation.

Full Description

Beveridge & Diamond provides its industrial, commercial, retail and residential clients with a nationwide network of highly experienced land use attorneys.  We represent developers, builders and property owners seeking all types of permits and approvals before a myriad of local, state and federal boards, agencies and permit-granting authorities which permeate the modern development landscape. 

Our experience covers all stages of the land use approval process including the applicability of land use and zoning provisions, selection of skilled consultants, preparation of applications for approval, formulation of strategies and implementation of tactics, obtaining variances, special permits, site plan approvals and zoning exemptions and representation before government bodies in both informal sessions and formal hearings. Equally important, we provide these legal services while maintaining a focus on the client’s time constraints and the financial realities of the project. We also represent trade associations, non-profit institutions, citizens groups and state, regional and local government bodies.

When necessary, we pursue land use approvals in the state and federal trial and appellate courts. Our land use litigation experience is as broad as our land use practice and includes defending approvals and prosecuting permit denials.  Representative cases include regulatory takings, determinations of the validity of zoning amendments, defense of property owners against eminent domain lawsuits filed by governments, and property rights litigation including under Section 1983 of the Civil Rights Act. We also try cases in the related real estate arena  -- regardless of whether a permit is a stake -- including adverse possession, quieting title, breach of contract, specific performance, nuisance and injunctive or declaratory relief, and challenges to or defense of easements, rights of way or other interests in land.

The Firm’s land use experience includes, for example, coordinating the planning and legal strategy for applications for subdivision and zoning approvals, representing owners in historic designation processes, analyzing proposed state land use legislation and advising clients on "Smart Growth" and comprehensive plan techniques. Of course, the staple of our practice is obtaining project approvals ranging from residential subdivisions, assisted living facilities, and affordable housing projects to retail establishments, office buildings, mixed use development, stadiums, shopping malls, telecommunications towers and power plants. Permits we obtain include zoning, wetlands, endangered species, environmental, septic, sewer and water.  Attorneys at the Firm not only understand the applicable state and federal statutes but also focus on local land use rules, regulations and restrictions that bear on a development proposal. Our ability to call upon the Firm's environmental attorneys with complex environmental problems provides maximum efficiency to the client.

For industrial clients, we apply for and obtain land use approvals for new projects as well as facility expansions and modifications. Representative projects include landfills, steel mills, gas-to-energy facilities, and army bases. 

The Firm represents numerous state and national trade associations on housing, property rights, zoning, legislative and land development matters. We obtain permits and exemptions and exceptions to land use regulations for our non-profit clients, which include charitable, religious, healthcare and educational institutions. 

We also serve as land use counsel to state and local governmental clients. Our work includes drafting master plans and state enabling legislation for development impact fees and designation of land areas as a historic district. Our public sector work ranges from representation of a board or agency during the  permitting process to defense of its decision in litigation.  We are fully versed in American Planning Association’s model Smart Growth code, having participated in the drafting process. 

Whether by negotiation or litigation, we assist our clients in bringing the land use approval process to a successful conclusion.