Overview

The Land Use Conference offers high-level, detailed coverage of the key issues, strategies, challenges, tools, and opportunities facing municipalities, counties, and developers. The conference focuses on real-world problems with practical solutions presented by an outstanding faculty including developers' attorneys, land use planners, local government attorneys, engineers, and state and local regulators. 

2014 highlights include:

  • Economic Development Series – anchored by the Economic Development Toolbox, this series of presentations delves into zoning, economic programs, agreements, and the political, regulatory and field issues that arise in the process
  • Overview of recent amendments to Texas alcoholic beverage laws that affect potential land use
  • Impact of oil and gas extraction and transportation, water supply and demand, and regulatory takings on land use
  • Hot topics in zoning with an update on regulations of payday lenders, e-cigarettes and boarding homes
  • Strategies and trial tactics for landowners, developers and governmental entities from land use litigators on both sides of the docket
  • Ethical considerations in land use practice through analysis of real fact patterns where ethical allegations have been raised


Come a day early for Land Use Fundamentals—the perfect primer or refresher.

Save $50 when you register for both Land Use Conference and Fundamentals!

Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Mar. 27, 2014
    Presiding Officer:
    Ed Walts, The University of Texas System - Austin, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • 9:00 am
    0.75 hr
    Case Law Update
    A survey of recent state and federal decisions on exactions and other types of takings, enforcement including civil penalties, boards of adjustment, administrative remedies, platting, immunities and more—with a modest attempt to spot trends in Texas.

    James L. Dougherty Jr., Attorney at Law - Houston, TX

  • ECONOMIC DEVELOPMENT
  • 9:45 am
    0.75 hr
    The Economic Development Toolbox
    A review of the vocabulary and tools used when negotiating today's public-private partnerships, covering tools used by large and small cities, and tools used for projects inside and outside city limits.

    Misty M. Ventura, Shupe Ventura Lindelow & Olson, PLLC - Dallas, TX

  • 10:30 am
    Break

  • 10:45 am
    0.75 hr
    Negotiating Economic Development Incentives—“Thinking Outside the Box”
    Negotiating successful economic development agreements between public and private entities.

    Moderator:
    Charles E. Zech, Denton, Navarro, Rocha & Bernal, P.C. - San Antonio, TX
    Panelists:
    Kenneth W. Brown, Brown & Ortiz, P.C. - San Antonio, TX
    Habib H. Erkan Jr., Denton, Navarro, Rocha & Bernal, P.C. - San Antonio, TX

  • 11:30 am
    0.75 hr
    Redevelopment Issues: "My Chickens Won't Lay!"
    Discussion of political, regulatory and field issues that arise before, during and after redevelopment, with consideration of potential solutions.

    Moderator:
    Deborah F. McAbee, City of Houston Legal Department - Houston, TX
    Panelists:
    Tommy Mann, Winstead PC - Dallas, TX
    Jeanne Harvey McDonald, Attorney at Law - Sugar Land, TX

  • 12:15 pm
    Pick Up Lunch
    Included in registration.

  • Thursday Afternoon, Mar. 27, 2014
    Presiding Officer:
    Rick Triplett, Graves Dougherty Hearon & Moody - Austin, TX
  • Luncheon Presentation
  • 12:35 pm
    1.00 hr ethics
    Ethical Issues for Lawyers: Social Media, Privacy and Public Information
    Social media is changing expectations regarding client privacy and public information. As lawyers and clients increasingly rely on social media as a means of communication, new ethical challenges arise, including attorney-client privilege concerns.

    Peter S. Vogel, Gardere Wynne Sewell LLP - Dallas, TX

  • 1:35 pm
    Break

  • ECONOMIC DEVELOPMENT, CONTINUED
  • 1:45 pm
    0.75 hr
    State Farm, a New Economy Build-to-Suit or Value Capture
    Using the State Farm Insurance Texas project as a case study, explore how creative zoning and economic programs can provide the impetus for significant benefits to a community. This session focuses on the use of form-based planning and zoning and how the objectives of the city and the developer were achieved.

    Moderator:
    William S. Dahlstrom, Jackson Walker L.L.P. - Dallas, TX
    Panelists:
    E. Scott Polikov, Gateway Planning Group, Inc. - Dallas, TX
    Peter G. Smith, Nichols, Jackson, Dillard, Hager & Smith L.L.P. - Dallas, TX

  • 2:30 pm
    0.75 hr
    Tax Increment Reinvestment Zone (TIRZ) Agreements
    A discussion of the competing interests of the city, developer and possible bondholders in projects financed with tax increment reinvestment zone (TIRZ) dollars, including what can or should be financed with TIRZ funds; what governmental immunities can or should be waived by a TIRZ agreement; what taxes should be part of a TIRZ agreement; procedures for creation; and what role 380 grants have in TIRZ agreements.

    Moderator:
    Julie Y. Fort, Messer, Rockefeller & Fort, PLLC - Frisco, TX
    Panelists:
    Scott Bounds, Olson & Olson LLP - Houston, TX
    Misty M. Ventura, Shupe Ventura Lindelow & Olson, PLLC - Dallas, TX

  • 3:15 pm
    Break

  • 3:30 pm
    0.50 hr
    Historic Landmarks and Districts: Current Issues
    Highlights of recent case law relating to historic preservation, including the recent 11th Circuit RLUIPA case, and new approaches in historic preservation policy, such as linkages between preservation and both green development and form-based codes.

    Matthew Goebel, Clarion Associates - Denver, CO

  • 4:00 pm
    1.00 hr
    Trying the Land Use Case: Strategies and Trial Tactics for Landowners, Developers and Governmental Entities
    A nuts-and-bolts primer to assist attorneys in a land use trial, identifying matters routinely encountered in land use litigation, and offering practical advice on the trial itself from jury selection to closing argument. Learn from land-use litigators on both sides of the docket.

    Arthur J. Anderson, Winstead PC - Dallas, TX
    Robert F. Brown, Brown & Hofmeister, L.L.P. - Richardson, TX

  • 5:00 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Mar. 28, 2014
    Presiding Officer:
    Deborah F. McAbee, City of Houston Legal Department - Houston, TX
  • BREAKFAST BREAKOUT SESSIONS

  • Small group discussions on current issues important to you and your clients. Bring your questions and participate in interactive sessions. Included in registration.

  • A. Dealing with NIMBY
  • 8:00 am
    0.75 hr
    A. Dealing with NIMBY
    Legal and political entities dealing with NIMBY issues.

    Patty Akers, Akers Law Firm, L.L.P. - Austin, TX
    Zelda Zarco Auslander, City Council Member, City of Bee Cave - Bee Cave, TX

  • B. Adios Condo!
  • 8:00 am
    0.75 hr
    B. Adios Condo!
    Well-located, older condominium projects are considering their options: continue as-is, renovate or sell. A discussion on upgrading governance by electing into the Texas Uniform Condominium Act (TUCA), renovation issues and sale as redevelopment land.

    Anthony L. Marré, Wilson, Cribbs & Goren, P.C. - Houston, TX

  • C. The Perfect Storm, or, How Green Was My Valley?
  • 8:00 am
    0.75 hr
    C. The Perfect Storm, or, How Green Was My Valley?
    The storm of conditions that left 92 percent of Texas in at least a moderate drought—and more than 75 percent in severe drought conditions—resulted in the loss of green valleys and much more. Reclamation or reuse of water is not only good, it is becoming increasingly necessary. Practical tips on the current and future methods and areas to reclaim and reuse water.

    Barbara A. Boulware-Wells, McKamie Krueger & Knight, LLP - Austin, TX

  • D. Certificates of Convenience and Necessity (CCNs) Federal Preemption
  • 8:00 am
    0.75 hr
    D. Certificates of Convenience and Necessity (CCNs) Federal Preemption
    An examination of the effect of 7 USC Sec. 1926(b) on land development in and around cities, and how the CCN boundaries of a federally-indebted rural water or sewer association have become a barrier to economic development.

    Monte Akers, Akers Law Firm, L.L.P. - Austin, TX

  • 8:45 am
    Break

  • 9:00 am
    0.50 hr
    Zoning: The Saga Continues
    Hot topics in zoning that continue to challenge local governments with an update on regulation of payday lenders, E-cigarettes and boarding homes.

    Joseph J. Gorfida Jr., Nichols, Jackson, Dillard, Hager & Smith L.L.P. - Dallas, TX

  • 9:30 am
    0.50 hr
    An Annexation Tale of Two Cities
    What happens when municipalities collide in a battle over territory? A discussion of practical considerations affecting not simply legal, but political and operational aspects.

    Ryan S. Henry, Law Offices of Ryan Henry, PLLC - San Antonio, TX

  • 10:00 am
    0.50 hr
    Fair Housing
    Legal and policy aspects of the Fair Housing Act.

    Neal J. Rackleff, City of Houston Housing and Community Development Department - Houston, TX
    John Henneberger, Texas Low Income Housing - Austin, TX

  • 10:30 am
    Break

  • 10:45 am
    0.50 hr
    Disposition of City-Owned Real Property
    Overcoming the limitations state law places on the ability of cities to sell real property.

    Gary W. Dzierlenga, City of Houston Legal Department - Houston, TX

  • 11:15 am
    0.50 hr
    It’s Five O’Clock Somewhere: The New World of Booze
    Change is brewing! How do recent amendments to Texas alcoholic beverage laws change potential land use by breweries, brew pubs, wineries and distilleries? A brief tour of the Jester King Craft Brewery v. TABC lawsuit and the new world of brew pubs, gastro pubs, tasting rooms, growlers, on-site sales, etc.

    Peter D. Kennedy, Graves Dougherty Hearon & Moody - Austin, TX

  • 11:45 am
    Pick Up Lunch
    Included in registration.

  • Friday Afternoon, Mar. 28, 2014
    Presiding Officer:
    David Hartman, Smith, Robertson, Elliott, Glen, Klein & Douglas, L.L.P. - Austin, TX
  • Luncheon Presentation
  • 12:05 pm
    0.75 hr
    Oil and Gas: Extraction and Transportation
    The evolution of gas drilling and transportation in Fort Worth, Texas, over the past twelve years from the perspectives of the city, the neighborhoods and the industry.

    Moderator:
    Sarah J. Fullenwider, City of Fort Worth - Fort Worth, TX
    Panelists:
    Robert Manthei, XTO Energy, Inc. - Fort Worth, TX
    Libby Willis, Fort Worth League of Neighborhoods - Fort Worth, TX

  • 12:50 pm
    Break

  • WATER
  • 1:00 pm
    0.50 hr
    Government Response to Drought: Past versus Present
    The current drought in Texas evokes much discussion on past and present response from the government. A look at the anticipated effects of House Bill 4 and Proposition 6 on water planning in Texas.

    Bech K. Bruun, Texas Water Development Board - Austin, TX

  • 1:30 pm
    0.50 hr
    Water Supply and Demand—“If You Provide It, They Will Come”
    How is the diminishing supply of inexpensive and readily available water affecting development? What are developers and suppliers doing to secure future sources of water?

    Timothy G. Green, Coats Rose - Houston, TX

  • 2:00 pm
    0.50 hr
    Regulatory Takings and Groundwater Regulation
    Coming on the heels of a 2012 Texas Supreme Court holding, the 4th Court of Appeals has cast considerable doubt on the ability of the Edwards Aquifer Authority (EAA) and other similar water districts to regulate the pumping of groundwater. In a recent opinion, the Court held that the EAA’s denial of one water well permit application and only partial granting of another constituted “regulatory takings” and the affected landowners were entitled to substantial compensation as a result.

    A. Val Perkins, Gardere Wynne Sewell LLP - Houston, TX

  • 2:30 pm
    1.00 hr ethics
    Ethical Considerations in Land Use Practice
    A look at the rules which address attorneys', planners' and elected officials' conduct and ethical obligations in land use applications and decision-making, with special emphasis on lawyers' professional obligations to clients and opposing interests, contact with parties known to be represented by counsel and how lawyers' actions might create problems for planning professionals' or elected officials' rules of conduct. Examine the fact patterns of real cases where ethics allegations have been raised to evaluate whether the actions complained of constitute illegal and improper conduct on any of the players' parts.

    Kimberley Mickelson, Of Counsel, Olson & Olson LLP - Houston, TX
    Dorothy Palumbo, City of Galveston - Galveston, TX

  • 3:30 pm
    Adjourn

Conference Faculty

Monte Akers

Akers Law Firm, L.L.P.
Austin, TX

Patty Akers

Akers Law Firm, L.L.P.
Austin, TX

Arthur J. Anderson

Winstead PC
Dallas, TX

Zelda Zarco Auslander

City Council Member, City of Bee Cave
Bee Cave, TX

Barbara A. Boulware-Wells

McKamie Krueger & Knight, LLP
Austin, TX

Scott Bounds

Olson & Olson LLP
Houston, TX

Kenneth W. Brown

Brown & Ortiz, P.C.
San Antonio, TX

Robert F. Brown

Brown & Hofmeister, L.L.P.
Richardson, TX

Bech K. Bruun

Texas Water Development Board
Austin, TX

William S. Dahlstrom

Jackson Walker L.L.P.
Dallas, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Gary W. Dzierlenga

City of Houston Legal Department
Houston, TX

Habib H. Erkan Jr.

Denton, Navarro, Rocha & Bernal, P.C.
San Antonio, TX

Julie Y. Fort

Messer, Rockefeller & Fort, PLLC
Frisco, TX

Sarah J. Fullenwider

City of Fort Worth
Fort Worth, TX

Matthew Goebel

Clarion Associates
Denver, CO

Joseph J. Gorfida Jr.

Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Dallas, TX

Timothy G. Green

Coats Rose
Houston, TX

John Henneberger

Texas Low Income Housing
Austin, TX

Ryan S. Henry

Law Offices of Ryan Henry, PLLC
San Antonio, TX

Peter D. Kennedy

Graves Dougherty Hearon & Moody
Austin, TX

Tommy Mann

Winstead PC
Dallas, TX

Robert Manthei

XTO Energy, Inc.
Fort Worth, TX

Anthony L. Marré

Wilson, Cribbs & Goren, P.C.
Houston, TX

Deborah F. McAbee

City of Houston Legal Department
Houston, TX

Jeanne Harvey McDonald

Attorney at Law
Sugar Land, TX

Kimberley Mickelson

Of Counsel, Olson & Olson LLP
Houston, TX

Dorothy Palumbo

City of Galveston
Galveston, TX

A. Val Perkins

Gardere Wynne Sewell LLP
Houston, TX

E. Scott Polikov

Gateway Planning Group, Inc.
Dallas, TX

Neal J. Rackleff

City of Houston Housing and Community Development Department
Houston, TX

Peter G. Smith

Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Dallas, TX

Misty M. Ventura

Shupe Ventura Lindelow & Olson, PLLC
Dallas, TX

Peter S. Vogel

Gardere Wynne Sewell LLP
Dallas, TX

Libby Willis

Fort Worth League of Neighborhoods
Fort Worth, TX

Charles E. Zech

Denton, Navarro, Rocha & Bernal, P.C.
San Antonio, TX

Planning Committee

Deborah F. McAbee—Co-Chair

City of Houston Legal Department
Houston, TX

Misty M. Ventura—Co-Chair

Shupe Ventura Lindelow & Olson, PLLC
Dallas, TX

Reid C. Wilson—Co-Chair

Wilson, Cribbs & Goren, P.C.
Houston, TX

Patty Akers

Akers Law Firm, L.L.P.
Austin, TX

Arthur J. Anderson

Winstead PC
Dallas, TX

Alan J. Bojorquez

Bojorquez Law Firm, PC
Austin, TX

Barbara A. Boulware-Wells

McKamie Krueger & Knight, LLP
Austin, TX

Robert F. Brown

Brown & Hofmeister, L.L.P.
Richardson, TX

David Zuehl Conoly

David Z. Conoly, P.C.
Corpus Christi, TX

William S. Dahlstrom

Jackson Walker L.L.P.
Dallas, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Christy Drake-Adams

Texas Municipal League
Austin, TX

Julie Y. Fort

Messer, Rockefeller & Fort, PLLC
Frisco, TX

David Hartman

Smith, Robertson, Elliott, Glen, Klein & Douglas, L.L.P.
Austin, TX

Rob Killen

Kaufman & Killen, Inc.
San Antonio, TX

Julianne B. Kugle

SKLaw
Houston, TX

Hollis L. Levy

The University of Texas School of Law
Austin, TX

Kimberley Mickelson

Of Counsel, Olson & Olson LLP
Houston, TX

Dorothy Palumbo

City of Galveston
Galveston, TX

E. Scott Polikov

Gateway Planning Group, Inc.
Dallas, TX

Peter G. Smith

Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Dallas, TX

E. Allen Taylor Jr.

Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
Fort Worth, TX

Rick Triplett

Graves Dougherty Hearon & Moody
Austin, TX

Ed Walts

The University of Texas System
Austin, TX

Charles E. Zech

Denton, Navarro, Rocha & Bernal, P.C.
San Antonio, TX

Credit Info

MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
Please use the course approval number listed for this conference to self-report your ACE Appraiser credit to TALCB. For more information, visit: https://www.talcb.texas.gov/
This course will qualify for self-reporting credits with PELS (TX Board of Professional Engineers and Land Surveyors) - please see the education form log below to keep track of your credits in the case of an audit. When you select this credit type in the webcast, you will receive a downloadable Certificate of Attendance with date and course information for your records.

https://pels.texas.gov/downloads/TBPE_CEP_Log.pdf
https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-0.pdf

Use this link to obtain the TREC MCE form for self-reporting your TREC credit.  UT Law CLE will provide a Certificate of Attendance at the conference.

Key Dates

Austin – Mar 27-28, 2014 – AT&T Conference Center
Conference Concluded
Buy
Austin
Last day for Individual early registration: Mar 19, 2014

Add $50 for registrations received after this time

Last day for Group 10% (5-9) (5 registrants minimum) early registration: Mar 19, 2014

Add $50 for registrations received after this time

Last day for Group 20% (10+) (10 registrants minimum) early registration: Mar 19, 2014

Add $50 for registrations received after this time

Last day for cancellation (full refund): Mar 21, 2014

$50 processing fee applied after this date

Last day for cancellation: Mar 24, 2014

Venue

speaker

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

The AT&T Conference Center hotel is sold out.

Additional hotels in the area with vacancies as of February 24, 2014:
DoubleTree by Hilton Hotel University of Texas Austin (I-35 location)
Sheraton Hotel at the Capitol Austin

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

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