Land Use & Zoning

Overview of our Land Use Practice

Brenneman, Juarez & Adam LLP meets the needs of landowners, developers, ranchers and farmers by providing a full range of legal services in land use and zoning. Our practice extends to clients throughout California, and we represent clients before administrative courts and agencies in matters involving planning, zoning, permitting, and development issues as well as litigation that involves 42 U.S.C. Section 1983 civil rights.

Land Use Approvals

Local, state and federal governments have kept pace with the rapid growth in land development through legislation and complex regulations that restrict development approvals. At Brenneman, Juarez & Adam LLP, our attorneys offer legal advice and assistance in a multi-faceted approval process that often involves the following:

Collaboration with technical consultants
Representation before government agencies in formal and informal hearings
Obtaining variances and zoning exemptions
Environmental impact analysis
Imposition of mitigation measures
Impact of linkage fees
Environmental clearances addressing wetlands, endangered species, mining, timber and water supply regulations
Acquiring special permits

In general, our lawyers act as a point of contact for clients regarding their land use issues. We keep our clients' time constraints in mind. Our attorneys keep our clients informed and are attentive to their needs.

Well-versed in laws regarding takings, inverse condemnation and 42 U.S.C. § 1983 civil rights, our attorneys also focus on preventing litigation whenever possible by ensuring clients are completely protected.

Land Use Litigation

In the event that litigation becomes necessary, our attorneys are strong litigators. Our firm has effectively litigated numerous cases and in 2004, won a landmark California land use case: a $6.7 million jury verdict against the County of Santa Barbara and several members of the County Planning & Development, which is currently being appealed. Our attorneys skillfully defend landowners' constitutional rights when government authorities ignore them. Challenging planning and development departments and boards of review, our attorneys defend clients in county, state and federal courts and also litigate against permit denials. Some of the types of cases that arise in land use litigation include, but are not limited to the following:

Re-zoning and land use disputes
Regulatory takings
Defense against eminent domain lawsuits
Property civil rights litigation under 42 U.S.C. § 1983 of the Civil Rights Act
Boundary Disputes
Disputes over easements, right-of-ways and encroachment
Development disputes
Construction disputes
Quiet title actions

Civil Rights Claims - Regulatory Takings

Regulatory taking claims, also referred to as inverse condemnation claims, occur when government regulations become so extensive that they prevent viable use of a piece of land. When that happens, the government has unlawfully taken the property. Under 42 U.S.C. § 1983, a federal civil rights statute, property owners have protection against municipal and county takings based on constitutional rights such as due process, equal protection of laws, and fair compensation covered by the Fifth and Fourteenth Amendments to the U.S. Constitution. A claim against the government may be brought under 42 U.S.C. § 1983 for the violation of these constitutional rights and once proved, the client may also recover attorney fees under 42 U.S.C. § 1988.

For legal advice or representation in land use and zoning matters, please contact our law office at 805-922-4553 or complete our online contact form to arrange a consultation.