19^th Annual

The Land Use Conference

Round Rock Mar 26-27, 2015 Marriott Austin North - Round Rock, TX
Conference Concluded

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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.

2015 highlights include:

Thursday and Friday luncheons on current topics in land use law around the nation
The effects of drought and population growth on land use with an emphasis on turf grass limitations, irrigation system requirements and xeriscapes
Environmental issues that impact the use of land in Texas and beyond
Updates in significant land use cases, including The State of Texas v. Cooper, Koontz v. St. Johns River Water Management District and Stafford v. Town of Flower Mound
An exploration of dark sky cities—the growing trend to protect the natural night sky
An update on the limitations of the Fair Housing Act
Earn up to 2.50 hours of ethics with presentations on avoiding open government pitfalls, the work product privilege, sovereign and governmental immunity, and governmental approvals

Event Schedule

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

Day 1 March 26, 2015
Day 2 March 27, 2015

Time

Credit

Subject

Speaker
Thursday Morning, Mar. 26, 2015
Presiding Officer:
Alan J. Bojorquez, Bojorquez Law Firm, PC - Austin, TX
7:30 am

Registration Opens

Includes continental breakfast.
8:35 am

Welcoming Remarks
8:45 am

0.75 hr

Case Law Update

Review new state and federal land use cases, including exactions and other types of regulatory takings, enforcement, administrative proceedings (boards and commissions), platting, immunity, and more.

James L. Dougherty Jr., Attorney at Law - Houston, TX
9:30 am

1.00 hr

Pitfalls in Standard Codes

Learn the effects of adopting an “international code” in the case of The State of Texas v. Cooper, including notice requirements, enforcement, charging decisions, prosecution, the appellate process and amendments to city ordinances.

David T. Ritter, Brown & Hofmeister, L.L.P. - Richardson, TX
Michelle L. Voirin, City of Plano - Plano, TX
10:30 am

Break
10:45 am

0.50 hr

The Legal Implications of Sustainable Development Policy

Examine the meaning of “sustainable development,” from its international policy beginnings to its implementation in state legislation and local development codes, programs, and practices, and hear how the courts are reacting to the concrete tensions and conflicts that result.

This session has moved to 1:35 PM Friday.

Kimberley Mickelson, Of Counsel, Olson & Olson LLP - Houston, TX
11:15 am

0.50 hr

Where Are We Now? RLUIPA and Religious Land Uses

How much discretion does a city have to prevent or restrict a church use? How do the courts define a protected religious land use? For example, when is a soup kitchen protected? Can a city have an obligation to ensure a church use?

Arthur J. Anderson, Winstead PC - Dallas, TX
11:45 am

0.50 hr

The Effects of Drought and Population Growth on Land Use

Pressure on cities to provide adequate water to their citizens is increasing with rising populations and climate challenges. Often, the reaction is to simply procure more water supply, but how a city grows is as important to its sustainability as its water supply. Land use ordinances, such as turf grass limitations, irrigation system requirements and ensuring HOAs don't illegally prohibit xeriscapes, can reduce demand and postpone the need for new, expensive supply.

Amy Hardberger, St. Mary's University School of Law - San Antonio, TX
12:15 pm

Pick Up Lunch

Included in registration.
Thursday Afternoon, Mar. 26, 2015
Presiding Officer:
Hon. Penelope Graves Redington, Texas Association of Regional Councils - Austin, TX
LUNCHEON PRESENTATION
12:35 pm

0.50 hr

Land Use Law Hot Topics, Part I

A discussion of a variety of current hot topics in land use law from around the nation and a look at where we are headed—from age-restricted zoning to drilling and fracking (or not fracking) in the Barnett Shale—and a lot of topics in between!

Christopher D. Bowers, City of Dallas - Dallas, TX
1:05 pm

Break
1:20 pm

1.00 hr

The Dos and Don'ts for Getting Your Project Approved

When going through the entitlement process, one must consider all the players involved in order to write the playbook. Maneuvering through the political maze, both inside city hall and outside, is paramount to getting your project approved.

Patty Akers, Akers Law Firm, L.L.P. - Austin, TX
David Hartman, Smith, Robertson, Elliott, & Douglas, L.L.P. - Austin, TX
Karen K. Mitchell, Mitchell Planning Group, LLC - Fort Worth, TX
2:20 pm

0.50 hr ethics

Avoiding Open Government Pitfalls: A Land Use Perspective

Explore five pitfalls in open government under the Public Information Act and Texas Open Meetings Act from the land use perspective. Awareness of these issues is a step towards managing the government client’s legal risks, providing effective case management and ensuring good government.

Sabine Romero, City of Austin Law Department Ethics & Compliance Team - Austin, TX
2:50 pm

Break
3:00 pm

0.50 hr

Impact of Social Media on Development Issues

Gain insight into the practical and legal issues associated with the increased use of social media by citizens and city officials on development issues.

Charles E. Zech, Denton Navarro Rocha Bernal Hyde & Zech P.C. - San Antonio, TX
3:30 pm

1.00 hr

Economic Development Agreement Issues

Learn the statutory basis, procedure, and negotiation issues regarding economic development agreements (including tax abatement) for development projects located in the unincorporated areas of growing Texas counties.

Charles R. Kimbrough, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
4:30 pm

0.50 hr

Environmental Concerns: Floodplains, Cranes and Land Use Deals

An update on current environmental issues that impact the use of land in Texas and beyond, including wetlands, stormwater, cultural resources, floodplains and endangered species.

Sharon M. Mattox, Sharon M. Mattox, PLLC - Houston, TX
5:00 pm

0.50 hr

Post-Koontz Exactions

In Koontz v. St. Johns River Water Management District, the U.S. Supreme Court answered several questions regarding the scope of the federal constitution’s heightened exactions scrutiny tests, established in its previous landmark decisions in Nollan and Dolan. What impact will Koontz have on exactions practices in Texas and how does it impact the Texas Supreme Court’s seminal exactions case, Stafford v. Town of Flower Mound?

Robert F. Brown, Brown & Hofmeister, L.L.P. - Richardson, TX
5:30 pm

Adjourn

Time

Credit

Subject

Speaker
Friday Morning, Mar. 27, 2015
Presiding Officer:
Monte Akers, Akers Law Firm, L.L.P. - Austin, TX
8:00 am

Conference Room Opens

Includes continental breakfast.
8:30 am

0.50 hr
0.25 hr ethics

A Legal Primer for Planners

A discussion of best practices when addressing legal issues confronting planners and lawyers.

Meredith A. Ladd, City of Carrollton - Carrollton, TX
9:00 am

0.50 hr

Dark Sky Cities

Review the municipal regulation of outdoor lighting and common law suits in unincorporated areas, including lessons learned from the City of Dripping Springs—the first municipality in Texas to be designated as a Dark Sky Community by the International Dark Sky Association.

Alan J. Bojorquez, Bojorquez Law Firm, PC - Austin, TX
Robert J. Wood, City of West Lake Hills - West Lake Hills, TX
9:30 am

0.75 hr

Innovative Financing and Development of Parks and Recreational Facilities

A lesson in innovative techniques and public-private partnerships to finance, develop, and maintain public parks and recreational facilities, with particular attention to case studies in the Houston and Austin areas involving the use of non-profit corporations, special districts, and economic development agreements pursuant to Chapter 380, Local Government Code.

Camm C. "Trey" Lary III, Allen Boone Humphries Robinson LLP - Austin, TX
Cassie B. Stinson, BoyarMiller - Houston, TX
10:15 am

Break
10:30 am

1.00 hr

Advanced Vested Rights

Explore Chapter 245 issues, including process for recognition of rights, “fair notice,” and attorney fees for successfully litigating a vested rights case. Learn best practices from both the municipal and developer perspectives.

Rob Killen, Kaufman & Killen, Inc. - San Antonio, TX
Dorothy Palumbo, City of Galveston - Galveston, TX
11:30 am

0.50 hr

Fair Housing: Limitations on Limitations

The Fair Housing Act prohibits discriminatory housing practices. Recently, parties have challenged the premise that disparate impact claims are cognizable under the FHA, a ground not yet endorsed by the Supreme Court. At the center of this claim is Texas’s effort to overturn the Fifth Circuit’s ruling ordering a city to allocate affordable-housing credits differently. The outcome could alter the manner in which low-income housing tax credits are allocated. An FHA case update is also included.

Bradford E. Bullock, Knight & Partners - Austin, TX
12:00 pm

Pick Up Lunch

Included in registration.
Friday Afternoon, Mar. 27, 2015
Presiding Officer:
Ed Walts, The University of Texas System - Austin, TX
LUNCHEON PRESENTATION
12:20 pm

0.50 hr

Land Use Law Hot Topics, Part II

A continuation of land use law hot topics.

Terrence S. Welch, Brown & Hofmeister, L.L.P. - Richardson, TX
12:50 pm

Break
1:05 pm

0.50 hr

Ground Leasing of Public Land for Private Sector Development

Increasingly municipalities, universities, Type A and B sales tax corporations, and political subdivisions are ground leasing available sites to the private sector for economic development projects and for projects consistent with the needs and demands of the institutions and government. Hear a case study relating to publicly owned property leased for various purposes, including the ground lease of university property for a public golf driving range for commercial and retail purposes to promote economic development, and for multi-family residential units to support the demand for student housing and related retail. Specific projects, zoning and land use challenges and nightmares, real estate pitfalls and property tax considerations are included.

Peter G. Smith, Nichols, Jackson, Dillard, Hager & Smith L.L.P. - Dallas, TX
1:35 pm

0.50 hr

Private Nuisance: Judicial Zoning?

Texas nuisance law might be used to enjoin an otherwise legally permitted land use which is “abnormal and out of place in its surroundings." Alternatively, a neighbor may recover damages for loss of use and enjoyment of his or her land, or diminution of fair market value. Explore the limits of Texas nuisance law through the lens of the “Ashby High Rise” case in Houston, where a wealthy neighborhood opposed a fully permitted high rise residential tower on unrestricted, unzoned land.

This session has moved to 10:45 AM Thursday.

Reid C. Wilson, Wilson, Cribbs & Goren, P.C. - Houston, TX
2:05 pm

0.50 hr ethics

Protecting, Overcoming and Distinguishing the Work Product Privilege in Texas

Examine the work product privilege under state and federal law, including differences in application and important considerations for practitioners when working with experts, consultants and other third parties.

John F. Sullivan III, K&L Gates LLP - Houston, TX
2:35 pm

Break
2:45 pm

0.50 hr
0.25 hr ethics

Sovereign and Governmental Immunity in the Land Use Regulation Context

State and local governmental entities generally enjoy immunity from lawsuits. Suing or defending a governmental entity or its employees in a land use case can raise numerous issues, including the nature of immunity, the classification of the governmental action, and the identity of the defendant (i.e., the government entity or government officials).

Eric C. Farrar, Olson & Olson LLP - Houston, TX
3:15 pm

1.00 hr ethics

The Devil in the Details: An Ethical Journey toward Governmental Approvals

Ethics issues related to approving projects and financing (special districts, especially), including voting and recusal (or not), speaking to public officials and board members, advocacy on both sides, financing and its role in deals, and what to do when everybody knows everybody.

Barbara A. Boulware-Wells, Knight & Partners - Austin, TX
4:15 pm

Adjourn

Day 1 March 26, 2015
Day 2 March 27, 2015

Download Schedule

Conference Faculty

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

Knight & Partners
Austin, TX

Christopher D. Bowers

City of Dallas
Dallas, TX

Robert F. Brown

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

Bradford E. Bullock

Knight & Partners
Austin, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Eric C. Farrar

Olson & Olson LLP
Houston, TX

Amy Hardberger

St. Mary's University School of Law
San Antonio, TX

David Hartman

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

Rob Killen

Kaufman & Killen, Inc.
San Antonio, TX

Charles R. Kimbrough

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Meredith A. Ladd

City of Carrollton
Carrollton, TX

Camm C. "Trey" Lary III

Allen Boone Humphries Robinson LLP
Austin, TX

Sharon M. Mattox

Sharon M. Mattox, PLLC
Houston, TX

Kimberley Mickelson

Of Counsel, Olson & Olson LLP
Houston, TX

Karen K. Mitchell

Mitchell Planning Group, LLC
Fort Worth, TX

Dorothy Palumbo

City of Galveston
Galveston, TX

David T. Ritter

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

Sabine Romero

City of Austin Law Department Ethics & Compliance Team
Austin, TX

Peter G. Smith

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

Cassie B. Stinson

BoyarMiller
Houston, TX

John F. Sullivan III

K&L Gates LLP
Houston, TX

Michelle L. Voirin

City of Plano
Plano, TX

Terrence S. Welch

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

Reid C. Wilson

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

Robert J. Wood

City of West Lake Hills
West Lake Hills, TX

Charles E. Zech

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

Planning Committee

Alan J. Bojorquez—Chair

Bojorquez Law Firm, PC
Austin, TX

Monte Akers

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

Arthur J. Anderson

Winstead PC
Dallas, TX

Barbara A. Boulware-Wells

Knight & Partners
Austin, 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

Gary W. Dzierlenga

City of Houston
Houston, TX

Julie Y. Fort

Messer, Rockefeller & Fort, PLLC
Frisco, TX

David Hartman

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

Lynne B. Humphries

Allen Boone Humphries Robinson LLP
Houston, TX

Rob Killen

Kaufman & Killen, Inc.
San Antonio, TX

Kathryn A. Lumpkin

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Deborah F. McAbee

City of Houston Legal Department
Houston, TX

Mark McPherson

Attorney at Law
Dallas, 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

Hon. Penelope Graves Redington

Texas Association of Regional Councils
Austin, TX

Gregory J. Smith

The University of Texas School of Law
Austin, TX

Peter G. Smith

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

Rick Triplett

Graves, Dougherty, Hearon & Moody
Austin, TX

Misty M. Ventura

Shupe Ventura Lindelow & Olson, PLLC
Dallas, TX

Ed Walts

The University of Texas System
Austin, TX

Terrence S. Welch

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

Reid C. Wilson

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

Credit Info

Round Rock

MCLE Credit

Texas – 14.50 hrs | 2.50 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 14.50 hrs | 2.50 hrs Ethics

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

Oklahoma – 17.50 hrs | 3.00 hrs Ethics

You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.

Other Credit

American Institute of Certified Planners (AICP) – 14.50 hrs

https://www.planning.org/cm/

Certified Professional Landman (AAPL) – 14.50 hrs | 2.50 hrs Ethics

Following the conference, UT CLE will send, to attendees who have claimed AAPL credit in their briefcase, by email the AAPL Affidavit of Attendance with the AAPL course number and reporting information included.
http://www.landman.org

Registered Professional Landman (AAPL) – 14.50 hrs | 2.50 hrs Ethics

TX Accounting CPE – 17.00 hrs

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 are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.

Contact us at accreditation@utcle.org if you have additional questions.

TX Appraiser (ACE) – 14.50 hrs

UT Law CLE will report your ACE credits to TALCB within 10 days of the conference, using the activity code listed. For more information, visit: https://www.talcb.texas.gov/

TX Land Surveyor – 14.50 hrs

This course may qualify for self-reporting credits with PELS (TX Board of Professional Engineers and Land Surveyors) - please use the link below to find information on how to track your credit with PELS. When you select this credit type, you will receive a downloadable Certificate of Attendance with date and course information for your records.

https://pels.texas.gov/lscep.htm

TX Professional Engineer – 0.00 hr

TX Real Estate Commission (TREC) – 0.00 hr

To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-1%2004.10.23.pdf
Use this link to obtain the TREC MCE form for self-reporting your TREC credit. To obtain your Certificate of Attendance you will need to claim credit in your UTCLE account and once claimed you will be able to download a Certificate of Attendance to include with your credit request form.

Key Dates

Round Rock – Mar 26-27, 2015 – Marriott Austin North - Round Rock, TX

Conference Concluded

Buy

Round Rock

Individual
Last day for $485.00 Regular pricing: Mar 18, 2015

$535.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $435.00 Regular pricing: Mar 18, 2015

$485.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $385.00 Regular pricing: Mar 18, 2015

$435.00 for registrations received after this time

Last day for cancellation (full refund): Mar 20, 2015

$50 processing fee applied after this date

Last day for cancellation: Mar 23, 2015

Venue

Marriott Austin North - Round Rock, TX

2600 La Frontera Boulevard
Round Rock, TX
512.733.6767 (reservations)
Map

Accommodations

$125.95 good through March 10, 2015 (subject to availability).

Reserve your room online.

Parking Information

Complimentary parking

19th Annual

The Land Use Conference

Round Rock Mar 26-27, 2015 Marriott Austin North - Round Rock, TX Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Thursday Morning, Mar. 26, 2015

Thursday Afternoon, Mar. 26, 2015

Friday Morning, Mar. 27, 2015

Friday Afternoon, Mar. 27, 2015

Conference Faculty

Patty Akers

Arthur J. Anderson

Alan J. Bojorquez

Barbara A. Boulware-Wells

Christopher D. Bowers

Robert F. Brown

Bradford E. Bullock

James L. Dougherty Jr.

Eric C. Farrar

Amy Hardberger

David Hartman

Rob Killen

Charles R. Kimbrough

Meredith A. Ladd

Camm C. "Trey" Lary III

Sharon M. Mattox

Kimberley Mickelson

Karen K. Mitchell

Dorothy Palumbo

David T. Ritter

Sabine Romero

Peter G. Smith

Cassie B. Stinson

John F. Sullivan III

Michelle L. Voirin

Terrence S. Welch

Reid C. Wilson

Robert J. Wood

Charles E. Zech

Planning Committee

Alan J. Bojorquez—Chair

Monte Akers

Arthur J. Anderson

Barbara A. Boulware-Wells

David Zuehl Conoly

William S. Dahlstrom

James L. Dougherty Jr.

Gary W. Dzierlenga

Julie Y. Fort

David Hartman

Lynne B. Humphries

Rob Killen

Kathryn A. Lumpkin

Deborah F. McAbee

Mark McPherson

Kimberley Mickelson

Dorothy Palumbo

E. Scott Polikov

Hon. Penelope Graves Redington

Gregory J. Smith

Peter G. Smith

Rick Triplett

Misty M. Ventura

Ed Walts

Terrence S. Welch

Reid C. Wilson

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

Marriott Austin North - Round Rock, TX

Accommodations

Parking Information

Stay in the loop with UT Law CLE

19^th Annual

Round Rock Mar 26-27, 2015 Marriott Austin North - Round Rock, TX
Conference Concluded