Audio CD + Course Book

Practical Guide to Zoning and Land Use Law

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:

78385CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • MT CLE - 6.00
From Event: Practical Guide to Zoning and Land Use Law, held March 2018.

Program Description

Are you current on your knowledge of zoning laws? Can you confidently solve potential problems and ensure smooth zoning processes? Learn to facilitate positive outcomes by understanding key components of the approval process, procedures for challenging a zoning decision, as well as requirements for administrative approach. Recognize constitutional limitations on zoning actions to ensure your actions are within the bounds of the law. Order today!

Course Content

  1. Current Case Law and Legislative Update
  2. Roadmap for Navigating the Approval Process
  3. Constitutional Limitations on Zoning Actions
  4. Challenging or Appealing an Administrative Zoning Decision
  5. Adoption and Amendment of Zoning Ordinance and Map
  6. Conservation Easements as a Local Land Use Planning Tool
  7. Ethics in Zoning and Land Use Law

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 MT - Credit Approval Expiration 03/28/2020 *


* denotes specialty credits

Agenda / Content Covered

  • CURRENT CASE LAW AND LEGISLATIVE UPDATE
    9:00 - 9:30 Written and Presented by Richard DeJana in Helena and Kalispell.
  • ROADMAP FOR NAVIGATING THE APPROVAL PROCESS
    9:30 - 10:30 Written by David K. W. Wilson Jr. Presented by Richard DeJana and David K. W. Wilson Jr. in Helena and Kalispell.
    • Authority for Land Use Decisions
    • Local, Regional and State Approvals
      • Comprehensive Plan
      • Regional Impact
      • Subdivisions
      • Rezonings: Zoning Changes or Amendments
      • Variances, Special Uses and Conditional Uses
    • The Permitting Process
      • State Building Code
      • Nonconforming Uses
      • Permits and Certificates
      • Environmental Review
    • Vested Rights
    • Estoppel
    • Moratoria
  • CONSTITUTIONAL LIMITATIONS ON ZONING ACTIONS
    10:45 - 11:45 Written and Presented by Richard DeJana in Helena and Kalispell.
    • Zoning as a Form of Governmental Power
    • Takings and Exactions
    • Due Process
    • Equal Protection
    • Property Rights and Police Power
  • CHALLENGING OR APPEALING AN ADMINISTRATIVE ZONING DECISION
    12:45 - 1:45 Written and Presented by David K. W. Wilson Jr. in Helena and Kalispell.
    • Procedural Requirements
    • Standing Issues
    • Trial of an Administrative Appeal
      • Strategies
      • Local Government Perspective
    • Judicial Review of Local Decision
    • Litigating a Zoning Case
      • Declaratory Action
      • Trial Strategies
      • Use of Experts
      • Local Government Perspective
      • Mandamus, Prohibition and Injunction
    • Federal Pre-emption
  • ADOPTION AND AMENDMENT OF ZONING ORDINANCE AND MAP
    1:45 - 2:30 Written and Presented by David K. W. Wilson Jr. in Helena and Kalispell.
    • Source of Zoning Authority (Part One and Part Two Zoning in Montana)
    • Zoning Procedures Law
    • Notice Issues
    • Hearing Issues
    • Standards
    • Local Issues and Impact Fees
  • CONSERVATION EASEMENTS AS A LOCAL LAND USE PLANNING TOOL
    2:45 - 3:30 Written and Presented by David K. W. Wilson Jr. in Helena and Kalispell.
    • Statutory Basis for Conservation Easements
    • How Conservation Easements Work
    • Interplay Between Private Land Conservation Easements and Local Land Use Planning
    • The Helena Example - Public and Private Partnerships to Promote Open Space and Economic Development
  • ETHICS IN ZONING AND LAND USE LAW
    3:30 - 4:30 Written by Abigail J. St. Lawrence. Presented by Abigail J. St. Lawrence in Helena and Richard DeJana and David K. W. Wilson Jr. in Kalispell.
    • Administrative Land Use Matters
    • Legislative Land Use Matters
    • Complying With the Code of Professional Responsibility
    • Identifying and Avoiding Conflicts of Interest
    • From the Standpoint of the Government Lawyer
    • Ex Parte Contacts With Decision Makers

RICHARD DeJANA is a member manager of the law firm of Richard DeJana and Associates PLLC, where his areas of practice include insurance defense, zoning, planning and land use, and business law. Mr. DeJana has frequently lectured on topics such as land use, zoning and boundary law matters. He earned his A.B. degree from Rockhurst College and his J.D. degree from the University of Montana. Mr. DeJana is a member of the Northwest Montana Bar Association, the ABA GPSolo Real Estate Committee and American Bar Association. For the last 30 years, his practice has emphasized real estate and land use issues in both transactional and litigation areas. Mr. DeJana has taught continuing education classes for more than 20 years for both National Business Institute and the State Bar of Montana. In 2017, he earned his certification in mediation training from TWA Enterprises, approved by the State Bar of California. (Helena and Kalispell locations)

ABIGAIL J. ST. LAWRENCE is an attorney in private practice in Helena, Montana, where she represents clients in administrative and regulatory matters, litigation, and government relations. Ms. St. Lawrence’s practice emphasizes water, land use, real estate, natural resources, and environmental law; and she is a frequent invited lecturer on those topics. She earned her B.A. degree, with honors, from Whitman College in Walla Walla, Washington; and her J.D. degree, with a certificate in natural resources and environmental law, from Northwestern School of Law of Lewis and Clark College in Portland, Oregon. Building on her experience clerking with the Office of Counsel in the U.S. Army Corps of Engineers, Walla Walla District and working on Clean Water Act permitting with the Oregon Department of Environmental Quality, Ms. St. Lawrence returned to Montana as an attorney with Doney Crowley Payne Bloomquist PC, in Helena until 2012; and then the Bloomquist Law Firm until 2017. She is admitted to practice in the Ninth Circuit Court of Appeals, the Federal District Court of Montana, and the Montana Supreme Court. Ms. St. Lawrence also serves on the Policy and Resources Committee of the Montana Supreme Court Access to Justice Commission, sits on the Board of Directors for the Helena Symphony and YWCA Helena, and is a member of the President’s Advisory Council for Whitman College. (Helena location)

DAVID K. W. WILSON JR. is a partner with the law firm of Morrison, Sherwood, Wilson & Deola, PLLP, in Helena. His practice focuses on representing the consumer in consumer rights litigation; representing individuals, land owners and organizations in environmental and land use issues; representing individuals and the media in cases involving “sunshine” laws and open government issues. Mr. Wilson has served on the Board of Directors of the Montana Wilderness Association, Helena Food Share, and the Montana Environmental Information Center; and was the executive director of Montana Common Cause. He earned his B.A. degree from Middlebury College and his J.D. degree from the University of Montana. Mr. Wilson is a member of the National Association of Consumer Lawyers and Montana Trial Lawyers Association. He previously served as editor for Public Land Law Review and as a consumer law fellow for the National Consumer Law Center. (Helena and Kalispell locations)

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

MT CLE: 6.00 Credit Approval Exp
03/28/2020
Includes - Ethics: 1.00
This program may qualify for up to 6.0 hours of self-study CLE credit by the Montana Commission on Continuing Legal Education, including 1.0 hour of ethics. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.


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Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
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