University of Texas School of Law
21st Annual
Land Use Conference
Austin Apr 6-7, 2017 Austin Marriott South
Conference Concluded
Live Webcast Apr 6-7, 2017
Conference Concluded
PLEASE NOTE: Venue has been changed to the Austin Marriott South.
SPONSORS
Brown & Ortiz, P.C.
Jackson Walker LLP
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.

UT Law CLE

2017 Land Use Conference

Program Features
The Land Use Conference offers high-level, detailed coverage of the key issues, strategies, challenges, tools, and opportunities facing municipalities, counties, and developers. It 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.

2017 highlights include:
  • Case law and legislative updates, including in-depth discussion of topics like Sovereign Immunity and Prior Non-Conformities
  • How to overcome the limitations state law places on the ability of cities to sell real property
  • An exploration of Financial and Regulatory Constraints on Commercial Development with Ron Lawrie of Orix
  • Controversies, hot topics, and recent developments in fair housing litigation, regulation, and initiatives
  • An analysis of the recent Texas Supreme Court decision in Crosstex North Texas Pipeline v. Gardiner and its effect on prosecuting future nuisance cases
  • Public and private sector perspectives on the uses, costs, and special requirements of innovative districts and creative spaces
  • A review of developing online security considerations for attorneys, emphasizing ethical obligations, unsettled questions, and practical tips
  • Up to 14.00 of CLE credit, including 2.00 hours of ethics credit, with multiple opportunities to network with your fellow land use professionals 
Come a day early for Land Use Fundamentals—the perfect primer or refresher.

UT Law CLE

2017 Land Use Conference

11/23/17
Schedule

Thursday Morning, April 6, 2017

Presiding Officer:
James Benjamin Griffin, Brown & Ortiz, P.C. - San Antonio, TX

7:30 am

Austin Only

Registration Opens

Includes continental breakfast.

8:20 am
Welcoming Remarks

8:30 am

0.75 hr

New Land Use Decisions

Review recent decisions shaping Texas land use law and practice, including an update on the takings explosion.

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

9:15 am

0.50 hr

Sovereignty Immunity Update

Sovereign immunity is the first defense raised by cities in land use litigation. Identify the judicial trends.

Arthur J. Anderson, Winstead PC - Dallas, TX
Lowell F. Denton, Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C. - San Antonio, TX

9:45 am

0.50 hr

Buying and Leasing Government Owned Property

Learn how to overcome the limitations state law places on the ability of cities to sell real property, and examine the roles of RFIs, RFPs, RFQs, deed restrictions, and independent foundations in private and government sectors.

This session has moved to Thursday at 11:30 a.m

Robert Wagnon Collins Sr., City Of Houston Legal Department - Houston, TX

10:15 am
Break

10:30 am

0.50 hr

Fair Housing and Inclusive Communities

Explore controversies, hot topics, and recent developments in Fair Housing litigation, regulation, and initiatives.

William M. McKamie, McKamie Krueger, LLP. - San Antonio, TX

11:00 am

0.50 hr

Challenges to Infill Residential Development

Growth in Texas cities has led to a higher demand for and a shorter supply of housing and commercial space. This has led to higher housing prices, while urban planners see the increase of density within cities as a development strategy. Discuss some of the legal, political, and technical challenges of infill development and how cities might consider approaching them in the future.

Garrett Scott Martin, Milestone Community Builders - Austin, TX
Jeffrey S. Howard, McLean & Howard, L.L.P. - Austin, TX

11:30 am

0.50 hr

In the Path of Growth: Small Town Growing Pains and Conflicts with Urban Areas

Using case studies to provide insights and illuminate the topic, a seasoned planning and design professional provides perspectives on the issues based on a decade of experience helping shape the development and overall growth characteristics in Dripping Springs.

This session has moved to Thursday at 9:45 a.m

Keenan E. Smith, City Lights Design Alliance - Dripping Springs, TX

12:00 pm

0.50 hr

ABCs of Development Financing

Review the vocabulary and tools used by large and small cities when negotiating today’s public-private partnerships, as well as tools used for projects inside and outside city limits.

Julie Y. Fort, Messer, Rockefeller & Fort, PLLC - Frisco, TX
Misty M. Ventura, Shupe Ventura, PLLC - Dallas, TX

12:30 pm

Austin Only

Pick Up Lunch

Included in registration.

Thursday Afternoon, April 6, 2017

Presiding Officer:
William S. Dahlstrom, Jackson Walker LLP - Dallas, TX

LUNCHEON PRESENTATION

12:50 pm

0.50 hr

Financial and Regulatory Constraints on Commercial Development

Hear from a private sector non-bank construction lender and investor on public-private development transactions (ground leases), about the construction of new multi-family homes, offices, hotels, and how the structure may impact underwriting and loan proceeds.

Ron Lawrie, Orix - Dallas, TX

 
1:20 pm
Break

1:35 pm

0.50 hr

Sharing Economy

Address the regulatory issues associated with sharing—from sharing residences (Airbnb and short term rentals) to modes of transportation (Uber and Lyft)—and how local governments are responding to sharing-for-profit activities.

Terrence S. Welch, Brown & Hofmeister, L.L.P. - Richardson, TX

2:05 pm

0.50 hr

Recent Developments in the Regulatory Arena: Use of a Municipality’s Public Rights of Way

Cities across Texas have long had the duty to manage the public rights of way in trust for their citizens, but recently that duty has been challenged by entities providing the infrastructure to support small-cell wireless technology. Explore the collision of rights between these entities through which they operate, and the PUC. 

Georgia N. Crump, Lloyd Gosselink - Austin, TX

2:35 pm

0.50 hr

Rough Proportionality

Review the concept and significance of rough proportionality in land-use and development matters, with an emphasis on practical approaches and solutions to rough proportionality concerns, as viewed by land-use practitioners from both government and developer perspectives.

Robert F. Brown, Brown & Hofmeister, L.L.P. - Richardson, TX
James Benjamin Griffin, Brown & Ortiz, P.C. - San Antonio, TX

3:05 pm

0.50 hr

Managing the Fixer Upper Effect

Examine the impact of HGTV’s show Fixer Upper on land use in Waco, including short term rentals, redevelopment, and permitting processes.

John T. Patterson, City of Waco Attorney's Office - Waco, TX
Clint Peters, City Of Waco - Waco, TX

3:35 pm
Break

3:50 pm

0.75 hr

Metropolitan Planning Organizations and Urban Transportation Planning

Hear an overview of the process for state and federal transportation funding with a focus on the role and authority of MPO’s transportation policy boards. 

Tom Nuckols, Travis County Attorney's Office - Austin, TX

4:35 pm

1.00 hr ethics

Cyber-Secure Attorneys:  Ethical Obligations, Ambiguities, and Practical Considerations

Review developing online security considerations for attorneys, with a focus on ethical obligations, unsettled questions, and practical tips. Address what steps an attorney should take to secure online communications with clients and others,  secure law office electronic data, and what online investigative techniques are permissible.

Peter Brooke Haskel, City Attorney - Dallas, TX

5:35 pm
Adjourn

Friday Morning, April 7, 2017

Presiding Officer:
Bryn Meredith, Taylor Olson Adkins Sralla & Elam LLP - Fort Worth, TX

7:30 am

Austin Only

Conference Room Opens

Includes continental breakfast. 

8:30 am

0.50 hr

Innovative Districts and Creative Spaces

‚ÄčExplore public and private sector perspectives on the uses, costs, and special requirements of innovative districts and creative spaces.

Ed Walts, The University of Texas System - Austin, TX

9:00 am

0.50 hr

HB 40/245 Between a Gas Rock and a Hard Place

Discuss the effect of HB 40 on the enforcement of setbacks, noise, and other gas drilling and fire code regulations as it relates to Chapter 245 and residential subdivision development.

Bryn Meredith, Taylor Olson Adkins Sralla & Elam LLP - Fort Worth, TX
Sarah J. Fullenwider, City of Fort Worth - Fort Worth, TX

9:30 am

0.50 hr

Regulations of Really Nimby (Dangerous) Land Uses

Analyze the recent Texas Supreme Court decision regarding nuisance (Crosstex North Texas Pipeline v. Gardiner) and its effect on prosecuting future nuisance cases.

Cathy Meyer Cunningham, Boyle & Lowry - Irving, TX

10:00 am

0.50 hr

Creative Economic Development

Examine how innovative zoning and development tools, as well as pocket homes and affordable housing, encourage successful communities, tax base, and job creation.

E. Scott Polikov, Gateway Planning Group, Inc. - Dallas, TX

10:30 am
Break

10:45 am

0.50 hr

Prior Non-Conformities

Hear a review and update on the law relating to nonconformities, including recent major cases. Discuss how and why an increasing number of communities in Texas, and around the country, are beginning to allow nonconforming uses to continue and, in some cases, expand.

Matthew Goebel, Clarion Associates - Denver, CO
Karla Mariana Nieman, City Attorney's Office City of El Paso - El Paso, TX

11:15 am

0.50 hr

Reasonable Accommodations in Land Use

Hear a discussion and update of federal laws and related cases on accessibility requirements and reasonable accommodations—from sidewalks, to recreation, to housing, to information.  

Kimberley Mickelson, Olson & Olson LLP - Houston, TX

11:45 am

0.75 hr

Navigating the Muddied Waters of Environmental Investigations in Land Use

Learn tips, tricks, and strategies for identifying and evaluating environmental concerns in property development. 

Mark McPherson, McPherson LawFirm, PC - Dallas, TX
Stephanie Sunico, Pape-Dawson Engineers, Inc. - Fort Worth, TX

12:30 pm

Austin Only

Pick Up Lunch

Included in registration. 

Friday Afternoon, April 7, 2017

Presiding Officer:
Kimberley Mickelson, Olson & Olson LLP - Houston, TX

LUNCHEON PRESENTATION

12:50 pm

0.75 hr

Legislative Update

Review pending legislation related to land use issues and other matters important to city and county government.

Snapper Carr, Focused Advocacy, LLC - Austin, TX
Paul J. Sugg, Texas Association of Counties - Austin, TX
Craig Farmer, City of Weatherford - Weatherford, TX

 
1:35 pm
Break

1:50 pm

0.50 hr

Tax Credits

For the past 30 years, the low-income housing tax credit has been a driving force to finance affordable housing. Learn how tax credit financing works and gain insight as to how changes in Washington, D.C. may impact the program.

Cynthia L. Bast, Locke Lord LLP - Austin, TX

2:20 pm

1.00 hr ethics

Ethics of Negotiation

Discuss the ethical duties and obligations of both city and private attorneys. Distinguish when are you dealing with law and when are you dealing with fairness.

Michael A. Shaunessy, McGinnis Lochridge - Austin, TX

3:20 pm
Adjourn

UT Law CLE

2017 Land Use Conference

Faculty

Conference Faculty

Arthur J. Anderson
Winstead PC
Dallas, TX
Cynthia L. Bast
Locke Lord LLP
Austin, TX
Robert F. Brown
Brown & Hofmeister, L.L.P.
Richardson, TX
Snapper Carr
Focused Advocacy, LLC
Austin, TX
Robert Wagnon Collins Sr.
City Of Houston Legal Department
Houston, TX
Georgia N. Crump
Lloyd Gosselink
Austin, TX
Cathy Meyer Cunningham
Boyle & Lowry
Irving, TX
Lowell F. Denton
Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C.
San Antonio, TX
James L. Dougherty Jr.
Attorney at Law
Houston, TX
Craig Farmer
City of Weatherford
Weatherford, 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
James Benjamin Griffin
Brown & Ortiz, P.C.
San Antonio, TX
Peter Brooke Haskel
City Attorney
Dallas, TX
Jeffrey S. Howard
McLean & Howard, L.L.P.
Austin, TX
Ron Lawrie
Orix
Dallas, TX
Garrett Scott Martin
Milestone Community Builders
Austin, TX
William M. McKamie
McKamie Krueger, LLP.
San Antonio, TX
Mark McPherson
McPherson LawFirm, PC
Dallas, TX
Bryn Meredith
Taylor Olson Adkins Sralla & Elam LLP
Fort Worth, TX
Kimberley Mickelson
Olson & Olson LLP
Houston, TX
Karla Mariana Nieman
City Attorney's Office City of El Paso
El Paso, TX
Tom Nuckols
Travis County Attorney's Office
Austin, TX
John T. Patterson
City of Waco Attorney's Office
Waco, TX
Clint Peters
City Of Waco
Waco, TX
E. Scott Polikov
Gateway Planning Group, Inc.
Dallas, TX
Michael A. Shaunessy
McGinnis Lochridge
Austin, TX
Keenan E. Smith
City Lights Design Alliance
Dripping Springs, TX
Paul J. Sugg
Texas Association of Counties
Austin, TX
Stephanie Sunico
Pape-Dawson Engineers, Inc.
Fort Worth, TX
Misty M. Ventura
Shupe Ventura, PLLC
Dallas, TX
Ed Walts
The University of Texas System
Austin, TX
Terrence S. Welch
Brown & Hofmeister, L.L.P.
Richardson, TX

Planning Committee

William S. Dahlstrom—Co-Chair
Jackson Walker LLP
Dallas, TX
Kimberley Mickelson—Co-Chair
Olson & Olson LLP
Houston, TX
Deborah Salzberg—Director
The University of Texas School of Law
Austin, TX
Patty Akers
Akers & Akers, L.L.P.
Austin, TX
Donna L. Altman
City Of Houston Legal Department
Houston, 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
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
Joseph J. Gorfida Jr.
Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Dallas, TX
David Hartman
Smith, Robertson, Elliott, & Douglas, L.L.P.
Austin, TX
Camm C. Lary III
Allen Boone Humphries Robinson LLP
Austin, TX
Kathryn A. Lumpkin
Bickerstaff Heath Delgado Acosta LLP
Austin, TX
Charlie F. McNabb
City of Georgetown
Georgetown, TX
Mark McPherson
McPherson LawFirm, PC
Dallas, TX
Karla Mariana Nieman
City Attorney's Office City of El Paso
El Paso, TX
Dorothy Palumbo
Bojorquez Law Firm, PC
Austin, TX
E. Scott Polikov
Gateway Planning Group, Inc.
Dallas, TX
Melinda Ramos
City of Fort Worth
Fort Worth, TX
Hon. Penny Redington
Austin, 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
Misty M. Ventura
Shupe Ventura, 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

UT Law CLE

2017 Land Use Conference

Credit Information

MCLE Credit

Texas
14.00 hrs  |  2.00 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate Law
Additional Information
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.  
California
14.00 hrs  |  2.00 hrs Ethics
Additional Information
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.  
Oklahoma
17.00 hrs  |  2.50 hrs Ethics
Additional Information
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.
Other States
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

American Institute of Certified Planners (AICP)
14.00 hrs
Certified Professional Landman (AAPL)
12.00 hrs  |  2.00 hrs Ethics
Registered Landman (AAPL)
12.00 hrs  |  2.00 hrs Ethics
Registered Professional Landman (AAPL)
12.00 hrs  |  2.00 hrs Ethics
TX Accounting CPE
17.00 hrs
Additional Information
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.  
TX Insurance
Additional Information
UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms
 
TX Real Estate Commission (TREC)
14.00 hrs
Additional Information
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.

MCLE Credit

Texas
14.00 hrs  |  2.00 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate Law
Additional Information
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
California
14.00 hrs  |  2.00 hrs Ethics
Additional Information
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.
Oklahoma
17.00 hrs  |  2.50 hrs Ethics
Additional Information
The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.
Other States
14.00 hrs  |  2.00 hrs Ethics
Additional Information
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 to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion .

MCLE credit is presented based on a 60-minute credit hour. 

Other Credit

American Institute of Certified Planners (AICP)
14.00 hrs
Certified Professional Landman (AAPL)
12.00 hrs  |  2.00 hrs Ethics
Registered Landman (AAPL)
12.00 hrs  |  2.00 hrs Ethics
Registered Professional Landman (AAPL)
12.00 hrs  |  2.00 hrs Ethics
TX Accounting CPE
17.00 hrs
Additional Information
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and 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.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.
TX Insurance
TX Real Estate Commission (TREC)
14.00 hrs
Additional Information

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 once you complete the course.

UT Law CLE

2017 Land Use Conference

Key Dates

Austin

  • Last day for Individual early registration: Apr 5, 2017
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Mar 31, 2017
  • Last day for cancellation (partial refund): Apr 3, 2017
    $50 processing fee applied

Live Webcast

  • Last day for Individual early registration: Feb 24, 2017
    Add $0 for registrations received after this time
  • Last day for cancellation (full refund): Mar 31, 2017
  • Last day for cancellation (partial refund): Apr 3, 2017
    $50 processing fee applied

UT Law CLE

2017 Land Use Conference

Hotel / Venue

Austin

Austin Marriott South

4415 South IH-35
Austin, TX 78744
512-441-7900
844-473-3959 (reservations)

Accommodations

$179 room rate good through March 15, 2017 (subject to availability). Please refer to The University of Texas School of Law and 2017 Land Use Conference when you call the hotel directly at 512-441-7900 or 844-473-3959.
 
Book your room online here

Parking Information

Complimentary garage and ground level self parking. 

UT Law CLE

2017 Land Use Conference

Sponsors