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Recent Developments in Land Use Law. 2008 Connecticut Commercial Real Estate Conference Dwight Merriam, FAICP, CRE Robinson & Cole LLP. A Bouillabaisse. Pinch of Saffron 1 cup leeks, julienned 3 cups tomatoes, peeled, seeded, and chopped Juice and zest of one orange
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Recent Developments in Land Use Law 2008 Connecticut Commercial Real Estate Conference Dwight Merriam, FAICP, CRE Robinson & Cole LLP
A Bouillabaisse • Pinch of Saffron • 1 cup leeks, julienned • 3 cups tomatoes, peeled, seeded, and chopped • Juice and zest of one orange • 1 cup fennel, julienned • 2 tablespoons garlic, chopped • 2 tablespoons parsley, finely chopped • Salt and pepper • 2 pounds assorted small whole fresh fish from the Mediterranean such as whiting, squid, sea bass, scorpion fish, eel, • angler fish, cleaned and scaled • 1 large lobster • 1 pound shrimp, peeled and deveined • 1/2 pound mussels • 1/2 pound littleneck clams • Salt and pepper
First – Get a grip • 18 years ago we went through something almost this bad… • 1991 • The Dow Jones average topped 3,000 for the first time • Thelma & Louise • Internet is made available to unrestricted commercial use and number of computers on the net reaches 1 million
"There was a man who complained because he had no shoes until he met a man who had no feet."
Jogger runs mile with rabid fox locked to armLOS ANGELES (AFP) —A woman jogger ran for a mile with a rabid fox clamped to her arm before locking the animal in the trunk of her car and racing to hospital for treatment, police said Thursday.
Now, the recent developments… …argued yesterday in the U.S. Supreme Court…
What is the impact of this case? • What is a public forum? Westfarms (1984) requires state action • Can government restrict the content?
Religious Monument • Pleasant Grove, Utah city park • Several historical displays, including a Ten Commandments monument donated by the Eagles, a private group, in 1971 • In 2003 a religious group called Summum requested permission to place a physically similar monument with its "Seven Aphorisms" in the same park • City council denied permission saying the Summum monument was not related to the history of the city • The 10th Circuit: said: • 1) the park is a traditional public forum; • 2) the exclusion of Summum's monument was content based and not sufficiently justified; and • 3) the trial court must grant a preliminary injunction • Summum v. Pleasant Grove, 483 F.3d 1044 (10th Cir. No. 06-4057, 2007). Cert granted 3/31/08, 128 S.Ct. 1737.
"Corky" Rex Nowell a.k.a. Summum Bonum Amon Ra Died in January 2008
Rapanos relived • Utterly ambiguous 4-1-4 decision 2006 • Jurisdictional determinations difficult • Obama pledges wetlands protection • High priority for environmentalists
(NEW) (Add) 101.6.1 New construction. All new construction covered by this code for which a building permit is applied for on or after January 1, 2009, that is projected to cost not less than five million dollars, shall be built using building construction standards consistent with or exceeding the silver rating of the Leadership in Energy and Environmental Design’s rating system for new commercial construction, as established by the United States Green Building Council, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA Design program. Exception: Residential buildings containing four or fewer dwelling or sleeping units.
(NEW) (Add) 101.6.2 Alterations. Alterations to existing buildings covered by this code for which a building permit is applied for on or after January 1, 2010, that are projected to cost not less than two million dollars,
(NEW) (Add) N1101.1.1.3Exemptions to additional requirements. The requirements of Sections N1101.1.1.1 and N1101.1.1.2 may be exempted by the State Building Inspector and the State Codes and Standards Committee for any building if the Institute for Sustainable Energy finds, in a written analysis, that the cost of such compliance significantly outweighs the benefits.
Yesterday afternoon, Codes & Standards Committee agreed to recommend that the Department of Public Safety revise the 2009 Amendments to exclude green building provisions.
Cornacchia v. EPC of Darien Impact of activity in the upland buffer on the wetlands “must be adverse and must be likely.”
Finley v. Inland Wetlands Commission of Orange • “Substantial evidence rule” • Environmental intervention reinforced • Conditional approvals risky
Barry v. Historic District Commission of Litchfield Recused commissioner cannot testify
Accessory use All the husband and wife in Chester wanted was to be side-by-side in eternity…
Piquet v. Town of Chester Backyard burial not an accessory use.
