Agenda / Content Covered

10:00 am to 5:00 pm Eastern Standard Time

1. Land Use and Zoning Fundamentals, Case Law, and Legal Update
   10:00 - 10:45, Mark Hazelbaker
   
   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
   10:45 - 11:30, Kimberly A. Jackson
   
   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. Challenging/Defending the Constitutionality of Zoning and Land Use Actions
   11:45 - 12:45, Steven J. Vatndal
   
   1. Takings Without Just Compensation
   2. Due Process Challenges
   3. Equal Protection Challenges
   4. Property Rights and Limitations on Police Power
4. Variances and Conditional Use Permits: Proving/Disproving Unique Conditions
   1:15 - 2:00, Steven J. Vatndal
   
   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
5. Zoning Ordinance and Map Amendments: Proving Necessary Criteria
   2:00 - 2:30, Kimberly A. Jackson
   
   1. Compatibility with Surrounding Property Use
   2. Ensuring Adequate Public Services
   3. Comprehensive Plan Compatibility
   4. Proving Other Criteria
6. Appealing Zoning Decisions: Local, Regional and State Considerations
   2:30 - 3:15, Mark Hazelbaker
   
   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
7. Short-Term Rentals: Navigating Uncharted Waters of Airbnb and VRBO Zoning and Land Use Issues
   3:30 - 4:00, Steven J. Vatndal
   
   1. When are Short-Term Rentals Commercial Properties?
   2. Short-Term Rental Ordinances: What Works, What Doesn't and What Leads to Lawsuits
   3. Enforcing Short-Term Rental Laws and Violations: Top Issues and Challenges
   4. Challenging Local Short-Term Rental Laws: Key Lessons From the Front Lines
   5. Apartments and Short-Term Rentals: Critical Landlord and Tenant Concerns
   6. The Short-Term Rental Industry: Current Issues and Legal Updates
8. Ethics in Zoning and Land Use Law
   4:00 - 5:00, Mark Hazelbaker
   
   1. Avoiding Legal Malpractice
   2. Conflicts of Interest
   3. Ex Parte Contacts
   4. Attorney Fees

Accreditation Details:

MARK HAZELBAKER is an attorney with Kasieta Legal Group, LLC. He continues to emphasize representation of local governments, small businesses, and litigation. Mr. Hazelbaker began his career as legal counsel of the Wisconsin Counties Association. He served as personnel director/corporation counsel, and later as administrative coordinator for Manitowoc County. Mr. Hazelbaker has been in private practice since 1992, first with downtown Madison law firms, and then in his own firm since 1999. He has lectured many times on labor and employment law, land use law, and municipal law for various business and professional groups. Mr. Hazelbaker has also published law reviews and other articles. He is a member of the Dane County Bar Association and the State Bar of Wisconsin (Litigation and Labor and Employment and Government Lawyers Division sections). Mr. Hazelbaker earned his B.A. degree from the University of Wisconsin and his J.D. degree from the University of Wisconsin Law School.

KIMBERLY A. JACKSON is with The Robilee, Staffred & Emile Group located in Golden, Colorado. She has worked with both environmental organizations, and oil and gas operators on issues of land use, regulatory compliance, ownership rights (surface, mineral, and royalty), conservation easements, air quality regulations, NEPA compliance, and public health and safety issues as they apply to populations impacted by mineral extraction. Ms. Jackson is a licensed nurse, earning her PN certification from the Community College of Denver, her B.A. degree from the University of Colorado, and both her J.D. and LL.M. degrees from the University of Denver Sturm College of Law. She is currently licensed in both New Mexico and North Dakota.

STEVEN J. VATNDAL has been a sole practitioner for more than 10 years, in Mankato, Minnesota, practicing in the areas of business, commercial real estate, estate planning and probate. Within those areas about two-thirds of his work is transactional and one-third is litigation. Previously, Mr. Vatndal was an associate and then partner with Gislason & Hunter, LLP, in their Mankato office; and earlier an associate with de la Mora & de la Mora in a suburb of Milwaukee. Mr. Vatndal earned his B.A. degree, with distinction, at the Morris campus of the University of Minnesota, and his J.D. degree, cum laude, from Marquette University Law School. He is certified by the Minnesota State Bar Association as a real property law specialist, and has presented real estate seminars for the Minnesota State Bar Association Continuing Legal Education program.