Conference art

About

The virtual 24th Annual 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.
2020 highlights include:

  • Get case law and legislative updates, including key developments on topics such as zoning, platting, “takings,” and vested rights.
  • Hear specific updates and insights on the impacts of HB2439.
  • Overview of incentive zoning and how this tool can be used to encourage affordable housing and other areas of public good.
  • The pros and cons of using PIDs and MUDs to finance public infrastructure required for new development.
  • Address what authority is left for annexation after the adoption of HB 347.
  • Get answers to your frequently—and sometimes infrequently—asked questions at the Ask the Experts panel.
Earn up to 14.50 hours of CLE credit, including 2.75 hours of ethics credit, and enjoy networking with your fellow land use professionals.
Following the conference, attendees will receive a bonus eSupplement containing up to an additional 0.50 hour of MCLE (including 0.25 hour of ethics) to ensure practitioners can earn their required 15.00/3.00 Texas MCLE hours for the year.

Join a day early for the Land Use Fundamentals—ideal for new entrants to the field or as a refresher for experienced practitioners.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Apr. 23, 2020
    Presiding Officer:
    Ed Walts, The University of Texas System - Austin, TX
  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    0.75 hr
    0.25 hr ethics
    New Land-Use Cases Part 1

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

    A reasonably quick survey of key Texas and federal cases affecting zoning, platting, taking, permitting, vesting, etc.
  • 9:15 am
    5-Minute Break

  • 9:20 am
    0.50 hr
    0.25 hr ethics
    Legislative Update

    Richard A. Crow, Schlanger Silver, LLP - Houston, TX

    An overview of significant laws affecting real estate enacted by the 86th Texas legislature. Hear a discussion of the final report of the session, prepared by the real estate legislative affairs committee of the REPTL section of the State Bar of Texas.
  • 9:50 am
    5-Minute Break

  • 9:55 am
    0.75 hr
    HB2439 Panel

    Moderator:
    Barbara A. Boulware-Wells, The Knight Law Firm, LLP - Austin, TX
    Panelists:
    Judge Platt, Platt Cheema Richmond PLLC - Dallas, TX
    Stacy Snell, City Of New Braunfels - New Braunfels, TX
    Susan Wright, Susan Wrights & Associates - San Antonio, TX

    Examine HB 2439, effective September 1, 2019, which requires a governmental entity to allow the use or installation of a building product or material used in construction that is or has been a part of a national model code published within the last 3 cycles and determine the background and reasons for the statute, implementation (or ways to adapt) by cities and whether it “works”.
  • 10:40 am
    5-Minute Break

  • 10:45 am
    0.50 hr
    Incentive Zoning and Affordable Housing

    Casey Burgess, Dallas City Attorney's Office - Dallas, TX

    An overview of incentive zoning and how this tool can be used to encourage affordable housing and other areas of public good.
  • 11:15 am
    5-Minute Break

  • 11:20 am
    0.50 hr
    Park Land Dedication

    Bertram Vandenberg, Dallas City Attorney's Office - Dallas, TX
    Ryan O'Connor, Dallas Park and Recreation - Dallas, TX

    Explore the Dallas park land dedication experience including issues, ordinances, and coalitions.
  • 11:50 am
    5-Minute Break

  • 11:55 am
    0.50 hr
    Development Agreements from Both Sides

    Robert James Miklos, Miklos Cinclair Law, PLLC - Farmers Branch, TX

    A review of development agreements from both the development side and the government side.
  • 12:25 pm
    Break for Lunch—Presentation Resumes at 12:50 p.m.

  • Thursday Afternoon, Apr. 23, 2020
    Presiding Officer:
    Hon. Penny Redington, Austin, TX
  • Luncheon Presentation
  • Thank You to Our Luncheon Sponsor

    Jackson Walker LLP
  • 12:50 pm
    0.50 hr
    Protecting that Elusive Community Character: What Can We Still Do?

    Matthew Goebel, Clarion Associates - Denver, CO

    The planner’s toolbox for shaping and protecting community character has undergone some dramatic shifts in recent years, especially in Texas, where the legislature has curtailed the use of once-standard approaches. What’s the current status of some of our most effective placemaking tools? Who’s doing a good job defining and protecting that elusive “community character”? Take a look at the current state of form-based codes, historic preservation, design review, and other placemaking tools to explore what’s been effective, what’s changed, and what’s on the horizon in this new legal landscape.
  • 1:20 pm
    5-Minute Break

  • 1:25 pm
    0.75 hr
    Financing and Special Districts Panel

    Moderator:
    Dorothy Palumbo, Bojorquez Law Firm, PC - Austin, TX
    Panelists:
    R. R. "Tripp" Davenport III, FMSbonds, Inc. - Dallas, TX
    Julie Fort, Messer, Fort & McDonald, PLLC - Frisco, TX
    Jason Hughes, Hilltop Securities - Dallas, TX
    Misty Ventura, Shupe Ventura, PLLC - Dallas, TX

    The pros and cons of using PIDs and MUDs to finance public infrastructure required for new development.
  • 2:10 pm
    5-Minute Break

  • 2:15 pm
    0.75 hr
    Hot Topics

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

    After the last legislative session, there are new zoning issues to discuss, including "do agreements about construction materials constitute contract zoning?"; issues that have not gone away, such as "what is Texas law on short-term rentals?"; regulations that still remain tough to enforce, like home-based businesses; and a few other land use issues of which practitioners should be aware.
  • 3:00 pm
    5-Minute Break

  • 3:05 pm
    0.50 hr
    Mother May I?: Annexation after HB 347 

    Charles E. Zech, Denton, Navarro, Rocha, Bernal & Zech, P.C. - Austin, TX

    What’s left of annexation other than playing in the MUD? HB 347 dramatically changed the landscape for annexation. The scope of authority to annex without a vote has been severely limited. Address what authority is left for annexation after the adoption of HB 347.
  • 3:35 pm
    5-Minute Break

  • 3:40 pm
    0.75 hr
    Environmental Issues Impacting Land Use and Development in 2020

    John Mark McPherson, McPherson LawFirm, PC - Dallas, TX

    Review of new developments in environmental law, including the new-for-2020 WOTUS rule, MS4 permits, and renewable energy.
  • 4:25 pm
    5-Minute Break

  • 4:30 pm
    1.00 hr ethics
    Client Relations and Doing Business with Clients:  How Far is Too Far?

    Claude E. Ducloux, Attorney at Law - Austin, TX

    An overall examination of fiduciary duty, client relations, grievance avoidance and issues which arise when doing business with clients.
  • 5:30 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Apr. 24, 2020
    Presiding Officer:
    Christy Drake-Adams, Texas Municipal League - Austin, TX
  • 8:30 am
    0.50 hr
    Signs and Other Forms of Expression: Content Neutrality in the Post-Reed Era

    Julian Grant, Thomson Reuters - Georgetown, TX

    Local governments struggle to understand the ultimate outcome of regulating signs and other areas affected by Reed v. Gilbert. Many areas may in fact be unaffected or slightly so, but much legal development will continue to challenge both government and private sector practitioners.
  • 9:00 am
    5-Minute Break

  • 9:05 am
    0.50 hr
    Energy Exploration: Consideration in Land Use

    Jamie Lavergne Bryan, K&L Gates LLP - Fort Worth, TX
    Rory Hatch, K&L Gates LLP - Houston, TX

    Increased oil, gas, and other energy exploration is a large driver of land use change. The fact that the surface estate and mineral estate can be owned individually and that the mineral estate is dominate can cause significant development issues to arise. Discuss some of the relevant issues such as the accommodation doctrine, mineral subdivisions, and issues to be discussed during negotiations.
  • 9:35 am
    5-Minute Break

  • 9:40 am
    0.50 hr
    Water/Wastewater CCNs (Certificates of Convenience and Necessity)

    Michael A. Gershon, Lloyd Gosselink, P.C. - Austin, TX

    Learn if these state-regulated service areas protect utility planning and budgeting, if they ensure service to landowners, and if they treat landowners fairly.
  • 10:10 am
    5-Minute Break

  • 10:15 am
    0.75 hr
    Responding to Knick

    Robert F. Brown, Brown & Hofmeister, L.L.P. - Richardson, TX

    Last summer, the U.S. Supreme Court issued its decision in Knick v. Township of Scott, Pennsylvania, overruling takings precedents stretching back to the late 1800s by holding that land use litigants no longer need to seek compensation under state takings law in order to ripen their federal takings claims. Review the practical impacts of Knick to Texas litigants, and address the factors that should be considered by land-use litigants in deciding whether to try a takings claim in state or federal court.    
  • 11:00 am
    5-Minute Break

  • 11:05 am
    0.75 hr
    Beyond Boundaries: Land Use in the ETJ

    Matthew J. Festa, South Texas College of Law Houston - Houston, TX
    Daniele Skye Masson, City of Georgetown - Georgetown, TX

    How does the drastic reduction of annexation powers change regulation of land use in the ETJ? In the past, cities may have exercised regulatory power in their ETJs with the assumption that those areas would someday be within city limits and used annexation power to bring already developed areas into their city limits. If that is no longer true, should cities continue to exert regulatory power in their ETJ? Examine how this shifts the negotiation of 1445s between cities and counties.  
  • 11:50 am
    5-Minute Break

  • 11:55 am
    0.75 hr
    Creating a Destination: Economic Development

    Moderator:
    William S. Dahlstrom, Jackson Walker LLP - Dallas, TX
    Panelists:
    Karen M. Kennard, Greenberg Traurig, LLP - Austin, TX
    Tommy Ludwig, City of Waxahachie - Waxahachie, TX
    Scott Polikov, Gateway Planning & GP Development - Dallas, TX

    Place-making has become the norm, not the exception. Nevertheless, destination-focused economic development initiatives are not always effective in terms of initial defined outcomes.  Explore the key principles and examples of ‘details matter’ elements for successful projects.
  • 12:40 pm
    Break for Lunch—Presentation Resumes at 1:05 p.m. 

  • Friday Afternoon, Apr. 24, 2020
    Presiding Officer:
    Joseph J. Gorfida Jr., Nichols, Jackson, Dillard, Hager & Smith L.L.P. - Dallas, TX
  • Luncheon Presentation
  • 1:05 pm
    0.50 hr
    New Land-Use Cases Part 2

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

    A reasonably quick survey of key Texas and federal cases affecting zoning, platting, taking, permitting, vesting, etc.
  • 1:35 pm
    5-Minute Break

  • 1:40 pm
    0.75 hr
    HB3167: What Cities and Developers Need to Know About the New Platting Shot Clock

    Rob Killen, Killen, Griffin & Farrimond - San Antonio, TX
    Melinda Ramos, City of Fort Worth - Fort Worth, TX

    In 2019 the Texas Legislature changed the rules for the plat approval timeline. Cities and developers need to understand the far-ranging impact that these new rules could have on the development process.
  • 2:25 pm
    5-Minute Break

  • 2:30 pm
    0.75 hr
    0.25 hr ethics
    Ask the Experts

    Moderator:
    Tommy Mann, Winstead PC - Dallas, TX
    Panelists:
    Paige A. Mims, City of Plano - Plano, TX
    Ryan D. Pittman, Abernathy, Roeder, Boyd & Hullett, P.C. - McKinney, TX
    Brad R. Williams, Winstead PC - Dallas, TX

    Get answers to your frequently—and sometimes infrequently—asked questionsPlease submit your questions in advance to ConferenceQA@utcle.org.
  • 3:15 pm
    5-Minute Break

  • 3:20 pm
    1.00 hr ethics
    Fear the Walking Quorum: TOMA Penalties Return from the Dead

    Ross Fischer, Ross Fischer Law, PLLC - Dripping Springs, TX

    Understanding changes to the Open Meetings Act’s criminal provisions regarding walking quorums, and the ethical implications for attorneys.
  • 4:20 pm
    Adjourn

Conference Faculty

Barbara A. Boulware-Wells

The Knight Law Firm, LLP
Austin, TX

Robert F. Brown

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

Jamie Lavergne Bryan

K&L Gates LLP
Fort Worth, TX

Casey Burgess

Dallas City Attorney's Office
Dallas, TX

Richard A. Crow

Schlanger Silver, LLP
Houston, TX

William S. Dahlstrom

Jackson Walker LLP
Dallas, TX

R. R. "Tripp" Davenport III

FMSbonds, Inc.
Dallas, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Claude E. Ducloux

Attorney at Law
Austin, TX

Matthew J. Festa

South Texas College of Law Houston
Houston, TX

Ross Fischer

Ross Fischer Law, PLLC
Dripping Springs, TX

Julie Fort

Messer, Fort & McDonald, PLLC
Frisco, TX

Michael A. Gershon

Lloyd Gosselink, P.C.
Austin, TX

Matthew Goebel

Clarion Associates
Denver, CO

Julian Grant

Thomson Reuters
Georgetown, TX

Rory Hatch

K&L Gates LLP
Houston, TX

Jason Hughes

Hilltop Securities
Dallas, TX

Karen M. Kennard

Greenberg Traurig, LLP
Austin, TX

Rob Killen

Killen, Griffin & Farrimond
San Antonio, TX

Tommy Ludwig

City of Waxahachie
Waxahachie, TX

Tommy Mann

Winstead PC
Dallas, TX

Daniele Skye Masson

City of Georgetown
Georgetown, TX

John Mark McPherson

McPherson LawFirm, PC
Dallas, TX

Robert James Miklos

Miklos Cinclair Law, PLLC
Farmers Branch, TX

Paige A. Mims

City of Plano
Plano, TX

Ryan O'Connor

Dallas Park and Recreation
Dallas, TX

Dorothy Palumbo

Bojorquez Law Firm, PC
Austin, TX

Ryan D. Pittman

Abernathy, Roeder, Boyd & Hullett, P.C.
McKinney, TX

Judge Platt

Platt Cheema Richmond PLLC
Dallas, TX

Scott Polikov

Gateway Planning & GP Development
Dallas, TX

Melinda Ramos

City of Fort Worth
Fort Worth, TX

Stacy Snell

City Of New Braunfels
New Braunfels, TX

Bertram Vandenberg

Dallas City Attorney's Office
Dallas, TX

Misty Ventura

Shupe Ventura, PLLC
Dallas, TX

Terrence S. Welch

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

Brad R. Williams

Winstead PC
Dallas, TX

Susan Wright

Susan Wrights & Associates
San Antonio, TX

Charles E. Zech

Denton, Navarro, Rocha, Bernal & Zech, P.C.
Austin, TX

Planning Committee

Joseph J. Gorfida Jr.—Co-Chair

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

Terrence S. Welch—Co-Chair

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

April Rogers—Director

The University of Texas School of Law
Austin, TX

Patricia A. Adams

Messer, Fort & McDonald
Frisco, TX

Patty Akers

Messer, Fort & McDonald
Austin, TX

Arthur J. Anderson

Winstead PC
Dallas, TX

Alan J. Bojorquez

Bojorquez Law Firm, PC
Austin, TX

Barbara A. Boulware-Wells

The Knight Law Firm, LLP
Austin, TX

Prabha Cinclair

Miklos Cinclair, PLLC
Farmers Branch, TX

Tad Holland Cleaves

Bojorquez Law Firm, PC
Austin, TX

William S. Dahlstrom

Jackson Walker LLP
Dallas, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Christy Drake-Adams

Texas Municipal League
Austin, TX

David Hartman

Smith Robertson LLP
Austin, TX

Omar Izfar

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

Rob Killen

Killen, Griffin & Farrimond
San Antonio, TX

Tommy Ludwig

City of Waxahachie
Waxahachie, TX

Charlie F. McNabb

City of Georgetown
Georgetown, TX

John Mark McPherson

McPherson LawFirm, PC
Dallas, TX

Dorothy Palumbo

Bojorquez Law Firm, PC
Austin, 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 Ventura

Shupe Ventura, PLLC
Dallas, TX

Ed Walts

The University of Texas System
Austin, TX

Charles E. Zech

Denton, Navarro, Rocha, Bernal & Zech, P.C.
Austin, TX

Credit Info

MCLE Credit
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.
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.
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.
Note on Self-Reporting Your Credits in Another State
f 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
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.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

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.

Key Dates

Live Webcast – Apr 23-24, 2020
Conference Concluded
Austin - CANCELED – Apr 23-24, 2020 – AT&T Conference Center
Conference Concluded
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Live Webcast
Last day for cancellation (full refund): Apr 17, 2020
Last day for cancellation (partial refund): Apr 20, 2020

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