Agenda / Content Covered

1. LAND USE AND ZONING FUNDAMENTALS, CASE LAW, AND LEGAL UPDATE
   9:00 — 10:00, T. Bruce Simpson
   1. Land Use vs. Zoning
   2. How the Approval Process Works: A Brief Overview
   3. The Scope of Zoning Board Authority
   4. Vested Rights, Estoppel, and Moratoria
   5. Regulatory Framework: State Building Code, Comprehensive Plans, Local Ordinances, and More
   6. Current Case Law and Legislative Updates
2. NAVIGATING THE LAND USE APPROVAL PROCESS
   10:00 — 10:45, F. Keith Brown
   1. Determining Where the Decision Authority Lies
   2. Aligning with Comprehensive Plans, Subdivision Regulations, etc.
   3. The Application: Complete Checklist of Information to Include
   4. The Permitting Process Walkthrough
   5. Following the Environmental Review Process
   6. Open Meeting Laws and Practical Tips
3. ZONING ORDINANCE AND MAP AMENDMENTS: PROVING NECESSARY CRITERIA
   11:00 — 11:45, T. Bruce Simpson
   1. Compatibility with Surrounding Property Use
   2. Ensuring Adequate Public Services
   3. Comprehensive Plan Compatibility
   4. Proving Other Criteria
4. APPEALING ZONING DECISIONS: LOCAL, REGIONAL, AND STATE CONSIDERATIONS
   12:45 — 1:45, F. Keith Brown
   1. The Appeals Process Step-by-Step
   2. Obtaining Judicial Review of a Local Decision
   3. Using Litigation to Resolve a Zoning Case
   4. Specific Tips for Resolving Top Zoning Issues
5. CHALLENGING/DEFENDING THE CONSTITUTIONALITY OF ZONING AND LAND USE ACTIONS
   1:45 — 2:30, Henry Smith
   1. Takings Without Just Compensation
   2. Due Process Challenges
   3. Equal Protection Challenges
   4. Property Rights and Limitations on Police Power
6. VARIANCES AND CONDITIONAL USE PERMITS: PROVING/DISPROVING UNIQUE CONDITIONS
   2:45 — 3:30, Henry Smith
   1. Complying with Requirements: Use vs. Area Variances
   2. Unique Circumstances or Conditions: Providing Supporting Evidence
   3. Disproving Detriments to Neighbors, the Public, etc.
   4. Navigating Conditional Use Review Process
   5. Proving/Disproving Conditions are Unreasonable
   6. Preventing and Addressing Conditional Use Violations
7. ETHICS IN ZONING AND LAND USE LAW
   3:30 — 4:30, Henry Watson
   1. Ethical Issues Unique to the Planning and Zoning Arena
   2. Adhering to the Rules of Professional Conduct and Avoiding Legal Malpractice
   3. Identifying and Preventing Conflicts of Interest
   4. Ex Parte Contacts with Decision Makers

Accreditation Details:

F. Keith Brown is an attorney in the Shepherdsville law firm of Pike Legal Group, PLLC, where he practices in the areas of zoning, planning, land use, annexation, real estate, environmental law, administrative law, business and corporate law, land development, and wireless telecommunications. He is a past speaker on real estate related issues for various professional associations. Mr. Brown is admitted to practice in Kentucky, Tennessee, West Virginia, and Indiana. He earned his B.S. degree from Murray State University, his M.B.A. degree from Indiana University at Bloomington, and his J.D. degree from the University of Kentucky.

T. Bruce Simpson Jr. is of counsel at the firm Rose Grasch Camenisch Mains PLLC, adding his preeminent zoning and land use experience to the firm's real estate and litigation practices. For more than 25 years, Mr. Simpson has represented owners and developers in land use, zoning, and real estate matters, and he also maintains an active litigation practice. He has been lead counsel in a number of high-profile litigation cases including one that was featured on the CBS television news show, "60 Minutes". For his many legal accomplishments, Mr. Simpson was named a Lawyer of the Year for the sixth time in 2022. He is frequently called upon to speak on land use topics at legal education seminars and public policy forums. Mr. Simpson is the past president of the Fayette County Bar Association and a past president of the Pro Bono Program, Inc. He received his B.A. and M.S.W. degrees from the University of Kentucky and his J.D. degree from the University of Kentucky College of Law.

Henry E. Smith joined Bruce E. Smith Law Offices, PLLC in 2013, where he practices with emphasis on planning and zoning, utilities law, and a general civil practice. He counts it a privilege rendering counsel to two counties' planning and zoning bodies. He has also represented applicants and opponents litigating planning and zoning appeals and ancillary issues across multiple counties and in the court of appeals. Mr. Smith was honored with selection as a Kentucky Super Lawyer® Rising Star for 2019 - 2022 in the area of land use and zoning. He is a 2012 graduate of the University of Kentucky College of Law, and he clerked in the Fayette Circuit Court with Judge Thomas L. Clark after graduation.

 

Henry Watson III is a sole practitioner with Watson Law Firm, PLLC in Paris, Kentucky, where he practices in the areas of local government, general litigation, and land use and development. Mr. Watson was an adjunct professor at Eastern Kentucky University. He earned his B.A. and J.D. degrees from the University of Kentucky. Mr. Watson is a member of the American and Kentucky bar associations.