Land use professionals must deal with laws that are complicated - and which change frequently. Recent updates in developmental and environmental policies have significantly affected the land use regulations that you need to keep track of so you can advise your clients wisely. Changes in site location, zoning restrictions, and environmental matter such as wetland development all affect land use options. Do you have the knowledge you need to work through these issues?

This in-depth briefing provides invaluable legal information on land use transactions and developments, with strategies you can use in your daily work. More easily obtain approval for your projects from state oversight bodies. Review important environmental laws related to property development to avoid violations. Deal with potential ethical concerns before they become a problem. Get an update on land use cases, statutes, and trends you need to be aware of for your next case. Order today!

1. Overview of Development and Land Use Law
2. Avoiding Surprises During the Planning Process
3. Effective Land Use Procedures
4. Environmental Issues in Property Development
5. Draw the Line: Ethical Issues in Land Use
6. Recent Trends and Municipal Government Perspectives

1. OVERVIEW OF DEVELOPMENT AND LAND USE LAW
   9:00 - 9:30, Written by Richard L. Abbott.
   Presented by Constance C. Holland in Dover and Richard L. Abbott in Wilmington.
   1. Adhering to Statutory Standards and Creating Compliant Procedures
   2. Factoring in Recent Case Law
   3. How Legislative Update May Affect Your Cases
2. AVOIDING SURPRISES DURING THE PLANNING PROCESS
   9:30 - 10:30, Written and presented by Constance C. Holland in Dover and Wilmington.
   1. A Detailed Look at State-Specific Planning Policies
   2. The Impact Planning Board Jurisdiction Has on Your Clients
   3. Subdivision Regulations You Need to Be Aware Of
   4. Interplay of Zoning and Subdivision
   5. Scope of Planning Board Authority Under Site Plan Review
   6. What Works When Handling Hearings, Meetings and Records
   7. Clear Up Confusion About Impact Fees and Exactions
   8. Procedures for Conditional Approvals
   9. Your Responsibilities During Judicial Challenges and Appeals
3. EFFECTIVE LAND USE PROCEDURES
   10:45 - 12:00, Written and presented by Cleon L. Cauley Sr. in Dover and Wilmington.
   1. Local Zoning Ordinances; Working With the Building Inspector or Code Enforcement Officer
   2. Proper Application for Variances and Special Exceptions
   3. How "Hardship" and Other Criteria Are Considered
   4. What Happens During Rehearings and Judicial Review of Decisions
   5. Procedures, Zoning Changes or Amendments
4. ENVIRONMENTAL ISSUES IN PROPERTY DEVELOPMENT
   1:00 - 2:30, Written and presented by Robert W. Whetzel in Dover and Wilmington.
   1. Introduction -- Scope of Environmental Land Use Controls
   2. Common Concerns Related to Regulation of Land Uses in Hazardous Areas
   3. Regulation of Land Use in Environmentally Sensitive Areas
   4. Substantive Environmental Laws With Incidental Land Use Effects
   5. Conscientiously Handling Water Issues in Development
   6. Successful Planning for Particular Activities
      1. Siting Issues in the Delaware Coastal Zone
      2. Avoiding Mistakes in Solid Waste Facility Siting
   7. Brownfields Redevelopment Overview
      1. Complying With Federal Programs
      2. State Programs: What You Need to Know
5. DRAW THE LINE: ETHICAL ISSUES IN LAND USE
   2:45 - 3:45, Written by Richard L. Abbott.
   Presented by Cleon L. Cauley and Constance C. Holland in Dover and Richard L. Abbott in Wilmington.
   1. Acting in Good Faith
   2. Following the Limitations Imposed by Statute and Common Law
   3. Calculating Fair Attorney Fees
6. RECENT TRENDS AND MUNICIPAL GOVERNMENT PERSPECTIVES
   3:45 - 4:30, Written and presented by Pamela J. Scott in Dover and Wilmington.
   1. The Most Effective Way to Deal With Planned Unit Developments
   2. What to Expect of a Design Review
   3. The Inherent Challenges in Historic Preservation
   4. Overcoming Challenges Presented by Wireless Telecommunications Facilities

RICHARD L. ABBOTT is a member of Abbott Law Firm in Hockessin, Delaware, where he practices in the areas of real estate, eminent domain and commercial litigation. Mr. Abbott has lectured previously for the Delaware State Bar Association and National Business Institute. He earned his B.A. degree from the University of Delaware and his J.D. degree from The Dickinson School of Law. Mr. Abbott is a member of the Delaware State Bar Association. He is former special counsel to the Delaware Department of Transportation and is a former member of the New Castle County Council. (Wilmington location)

CLEON L. CAULEY SR. serves as the state's first Economic Development Ombudsman. In this role, Mr. Cauley helps to coordinate activities across agencies, ensuring a rapid response by serving as a liaison to businesses, communities, local economic development organizations, regulatory agencies, local governments and state agencies. As Deputy Legal Counsel to Delaware Governor Jack Markell, his responsibilities include advising the Governor on legal and policy issues concerning the Governor, the Office of the Governor and the various executive branches of the Governor's Office. Before joining the Governor's office, Mr. Cauley worked as an associate in Wolf, Block, Schorr & Solis-Cohen LLP's real estate, environmental and land use practice groups, where he concentrated his practice on zoning and land use matters including land use-related litigation. He also served as assistant county attorney and land use attorney for the New Castle County Government here in the state of Delaware. In that role, Mr. Cauley was responsible for regulating all land use matters. He also served as a deputy attorney general for the state of Delaware Department of Justice, for which he represented the state in the prosecution of criminal cases in the Superior Court, Family Court, Court of Common Pleas and the Justice of the Peace Courts. Mr. Cauley is admitted to practice in Delaware and Pennsylvania. He earned his B.A. degree from Immaculata University and his J.D. degree from Howard University School of Law. (Dover and Wilmington locations)

CONSTANCE C. HOLLAND currently serves as director of the Office of State Planning Coordination under the leadership of Governor Jack Markell. In this capacity she directs the Office of State Planning Coordination, which serves as staff to the Governor's office and acts as a liaison between State and local governments. Ms. Holland attended Wesley College and Delaware Technical and Community College. In a career that spans more than 30 years, she truly "rose through the ranks" of the Kent County Planning Office, holding positions of planning technician, planner, planning services coordinator, and supervising planner. Ms. Holland was unanimously confirmed as planning director by the Levy Court and took over the position in December 1993. She was appointed director of planning services in July 2000, which broadened her responsibilities to not only that of the planning office but also the Inspection and Enforcement Division, as well as the GIS division. Ms. Holland served in this capacity until her retirement in July 2001. She was nationally recognized in July 2000 with the distinguished title of AICP (American Institute of Certified Planners). Ms. Holland is a member of the National and Delaware Chapters of the American Planning Association (APA) and the Delaware Chapter of the American Society for Public Administration (DAPA). In May 2000, Governor Thomas Carper appointed her to serve on the council for Soil and Water Conservation, where she is still an active council member. Ms. Holland also serves as a member of the Cabinet Committee on State Planning Issues. (Dover and Wilmington locations)

PAMELA J. SCOTT is a partner in the real estate department of Saul Ewing LLP, and concentrates her practice in the areas of commercial transactions, land use, government relations and administrative law. Prior to joining Saul Ewing LLP, she held a number of governmental positions including that of Director of Policy for the Delaware Department of Transportation and First Assistant City Solicitor for the City of Wilmington. Ms. Scott has more than 20 years of land use and government practice experience. She has handled numerous land use projects in New Castle County, including obtaining land use approvals for a 2.0 million square foot corporate headquarters project for a major pharmaceutical company; secured land use approvals and a traffic waiver for a 1.1 million square foot addition to a local institutional use; and obtained land use approvals for a residential subdivision in excess of 1900 units including a commercial town center in excess of 500,000 square feet. Ms. Scott has represented various telecommunications companies in obtaining zoning approvals throughout the state for their telecommunications facilities. She obtained the first approval of a Major Record Plan for a 700 unit residential subdivision under the Unified Development Code of New Castle County. Ms. Scott also has been involved in obtaining land use approvals for several large commercial and institutional projects in the City of Wilmington. She earned her B.S. degree from the University of Delaware and her J.D. degree from Delaware Law School of Widener University. Ms. Scott is a member of the Delaware State, Pennsylvania and New Jersey State bar associations, and is admitted to practice in each of these states. She is an active member of the Real Property Section of the Delaware State Bar Association, a member of the Board of Directors of the Committee of 100 and chairperson of the Land Use Committee, a member of the Board of Directors of the New Castle County Chamber of Commerce, a member of the Board of Trustees for the Delaware Historical Society, a member of the Board of Directors and Vice President of Habitat for Humanity of New Castle County, and a member of TMA Delaware. (Dover and Wilmington locations)

ROBERT W. WHETZEL is an attorney with Richards, Layton & Finger, P.A. Mr. Whetzel is vice chair of the firm's litigation department, and handles a wide range of business and commercial litigation matters, with an emphasis on technology, environmental and intellectual property disputes. He represents manufacturers, energy companies, utilities, developers, lenders, municipalities, and others in litigation and regulatory matters. Mr. Whetzel has extensive experience with federal and state environmental agencies and in enforcement and permitting matters. He is a member of the Delaware State Bar Association (Environmental Committee and Environmental Law Section), American Bar Association (Natural Resources, Energy and Environmental Law Section) and the American College of Environmental Lawyers. Mr. Whetzel is on the board of directors with the Delaware State Chamber of Commerce. He earned his B.S. degree from the University of Delaware and his J.D. degree, cum laude, from Villanova University School of Law. (Dover and Wilmington locations)

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