Audio CD + Course Book

Practical Guide to Zoning and Land Use Law

Audio CD + Course Book

Copyright Date:

April, 2018

Product ID#:

78813CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • ID CLE - 6.00
From Event: Practical Guide to Zoning and Land Use Law, held April 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. Dealing with Special Zoning Issues
  7. Ethics in Zoning and Land Use Law

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 ID - Credit Approval Expiration 04/30/2020 *


* denotes specialty credits

Agenda / Content Covered

  • CURRENT CASE LAW AND LEGISLATIVE UPDATE
    9:00 - 9:45, Paul J. Fitzer
  • ROADMAP FOR NAVIGATING THE APPROVAL PROCESS
    9:45 - 10:45, Charles I. Wadams
    • 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
    11:00 - 12:00, William L. Herrington
    • 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
    1:00 - 1:45, Paul J. Fitzer
    • 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, Charles I. Wadams
    • Source of Zoning Authority
    • Zoning Procedures Law
    • Notice Issues
    • Hearing Issues
    • Standards
    • Local Issues and Impact Fees
  • DEALING WITH SPECIAL ZONING ISSUES
    2:45 - 3:30, William L. Herrington
    • Exclusionary Zoning
    • Contract Zoning and Conditional Zoning
    • Local Economic Development
    • Smart Growth
    • The Religious Land Use and Institutionalized Persons Act
    • Historic Preservation and Overlay District Zoning
  • ETHICS IN ZONING AND LAND USE LAW
    3:30 - 4:30, William L. Herrington
    • 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

PAUL J. FITZER is an attorney with Moore Smith Buxton & Turcke, Chartered, practicing in the areas of municipal law, civil litigation and land use law. Mr. Fitzer serves as general counsel for more than a dozen governmental entities including municipalities, counties and districts. Additionally, he represents private individuals, partnerships and corporate entities in various land use planning endeavors. Mr. Fitzer is a member of the Idaho State Bar (Local Government Section) and is active in the Association of Idaho Cities. He graduated from Southern Methodist University School of Law.

WILLIAM L. HERRINGTON is a sole practitioner in Northern Idaho and has practiced law in the state since 1975. Mr. Herrington's practice is general with an emphasis on local government, land use, real estate, development and property law. Representative clients have included large and small cities, counties and public districts, including health districts, school districts, water and sewer districts, community homeowners' associations, landowners and developers from all parts of Idaho. Mr. Herrington has lectured at hundreds of workshops on issues of planning, zoning, subdivisions, standards for development, administrative and meeting procedures; municipal fee structures; and other land use, real property and local government issues. He has taught classes on law and government at the University of Idaho and Idaho State University. Mr. Herrington is a member of the Idaho State Bar, Idaho Municipal Attorneys and other attorney associations. He received the Idaho State Bar's Professionalism Award for the First Judicial District in 2008. Mr. Herrington served on committees for the Association of Idaho Cities, including its Legislative Committee. He earned his B.A. degree from Washington State University and attended law school at both the University of Oregon and the University of Washington.

CHARLES I. WADAMS is the city attorney for Garden City, and is the city’s legal advisor in all areas of municipal law. Mr. Wadams has represented his client in front of multiple magistrate and district judges, and in front of Legislative Committee at the Idaho State Capital. He has also prosecuted for other counties and cities. Prior to practicing municipal law, he was a criminal defense attorney, and has argued multiple appeals in front of the Idaho Supreme Court and Idaho Court of Appeals. Mr. Wadams is a member of the Idaho Prosecuting Attorney’s Association and the Idaho Municipal Attorneys, Inc, of which he is a board member. He is also a member of the International Association of Chiefs of Police (Legal Officers Section) and the Idaho State Bar (sections of Real Property; Employment and Labor Law; and Government and Public Sector Lawyers, of which he is also a board member). He has presented multiple training opportunities over the years. Mr. Wadams earned his J.D. degree at the University of Idaho College of Law and has attended the National Criminal Defense College Trial Practice Institute in Georgia, the law enforcement seminar titled, "Managing Police Discipline" in Nevada, and the International Association of Chiefs of Police Annual Conference in California.

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

ID CLE: 6.00 Credit Approval Exp
04/30/2020
Includes - Ethics: 1.00
This program may qualify for up to 6.0 hours of self-study continuing legal education credit in the state of Idaho, which may include 1.0 ethics credit. Application for self-study approval must be submitted to the Idaho State Bar.


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Mail: NBI
P.O. Box 3067
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