Property rights and police power. Land use and zoning conflicts. Damage disputes and administrative appeals. There is seemingly no end to the challenges when it comes to land use and zoning law litigation. Is your knowledge where it needs to be to confidently represent your clients? Order today and take your knowledge and skills to the next level to help your clients use their land or restrict use depending on whom you represent.

1. The Power to Zone: Who Has It and Where Does it Come From
2. Property Rights vs. Police Power
3. Types of Land Use Actions and Disputes
4. Judicial Appeals of Administrative Zoning Decisions
5. Ethics in Land Use Law: The Lawyer's Responsibility
6. Land Use and Zoning Litigation

Presented by: George A. Dean and Samuel H. Edwards

 

1. THE POWER TO ZONE: WHO HAS IT AND WHERE DOES IT COME FROM
   9:00 - 10:00
   1. The Board of Zoning Appeals – Powers, Process, Standards, Findings of Fact
   2. Ubiquitous Manufactured Housing and Its Implications for Your Town
   3. Recent Case History
2. PROPERTY RIGHTS VS. POLICE POWER
   10:00 - 11:00
   1. Property Owners and Property Rights
   2. Regulation of Property and the Fifth Amendment
   3. Role of Police in Protecting the Public
3. TYPES OF LAND USE ACTIONS AND DISPUTES
   11:15 - 12:15
   1. Variances
   2. Special or Conditional Use Permits
   3. Zoning Changes
   4. Plats/Planned Unit Developments
   5. Historic Preservation Designation/Review
   6. Comprehensive Plan Adoption/Amendments
   7. Inconsistencies Between Comprehensive Plans
4. JUDICIAL APPEALS OF ADMINISTRATIVE ZONING DECISIONS
   1:15 - 2:15
   1. Components of an Effective Appeal
   2. Procedural Requirements
   3. Trial of an Administrative Appeal
   4. Appellate Review
5. ETHICS IN LAND USE LAW: THE LAWYER'S RESPONSIBILITY
   2:15 - 3:15
   1. Requirements Under the Code of Professional Responsibility
   2. Ex Parte Contacts
   3. Identifying Conflicts of Interest Early in the Process
   4. Acting on Behalf of the Public
6. LAND USE AND ZONING LITIGATION
   3:30 - 4:30
   1. Facing Administrative Zoning Disputes
   2. Proving and Disputing Damages
   3. Use of Experts
   4. Testimony From Opposing Experts
   5. Challenges to Constitutional Validity
   6. Tips to Help You Avoid Litigation

GEORGE A. DEAN is a partner with the Nashville law firm of Parker, Lawrence, Cantrell & Dean. He is recognized as a leading expert in the South on land use law. Mr. Dean has been involved in some extremely important land use (and other) cases at the trial and appellate court levels. He has principally written Legal Aspects of Codes Administration (Revised 1994). In 2002, he published Tennessee Zoning Boards: Practice and Procedure. Mr. Dean continues to concentrate in land use litigation, as well as other litigation, including medical malpractice. He earned his A.B. degree, cum laude, from Lafayette College and his J.D. degree from Vanderbilt University. Mr. Dean is a member of the Nashville, Tennessee and American bar associations, and the American Planning Association.

SAMUEL H. EDWARDS is the executive director and legal counsel for the Greater Nashville Regional Council. He is a former transportation planner with the Tennessee Department of Transportation, former planning director for the Wilson County/Lebanon Planning Office and former regional planning director and deputy executive director of the Greater Nashville Regional Council. Mr. Edwards earned his B.S. degree from Middle Tennessee State University, his M.P.A. degree from the University of Tennessee, Knoxville, and his J.D. degree from the Nashville School of Law. He is a member of the Nashville, Tennessee and American bar associations and the American Institute of Certified Planners.

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