2017 Program Agenda

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(All times are Eastern Standard Time)

 

Wednesday, February 1, 2017

 

1:00 p.m.    Registration

 

1:30 p.m.    Welcome – Neisen Kasdin, Managing Partner, Akerman, Miami, FL; Ellen F. Rosenblum, Oregon Attorney General, and Chair, ABA Section of State and Local Government Law, Salem, OR; Mayor Tomas Regalado, City of Miami, FL; Kieran Bowers, President, Swire Properties, Inc., Miami, FL.

 

                    Course Overview – Mr. Schnidman.

 

2:00 p.m.    Update on Planning, Land Use, and Eminent Domain Decisions – Moderator: Mr. Schnidman; Panel: Dean Salkin; Mss. Agrimonti; Boulris, Kellington, and Rosenthal; Messrs. Gowder and Merriam.

 

3:45 p.m.     Networking and Refreshment Break

 

4:00 p.m.      Ethical and Professionalism Considerations for the Land Use Practitioner and Government Lawyer - Moderator: Mr. Schnidman; Panel: Dean Salkin and Mss. Cagel, and Rundle. 

 

6:00 p.m.       Adjourn for the Day

 

6:30 p.m.       Tour of Brickell City Centre by Swire Properties, Inc.

 

Thursday, February 2, 2017

 

8:00 a.m.         Continental Breakfast

 

8:30 a.m.         Federal Laws, Regulations, and Programs Affecting Local Land Use Decision Making  Moderator: Mr. Schnidman; Panel: Dean Salkin, Mss. Agrimonti, Kellington and Rosenthal; Messrs. Gowder, Merriam, Murley and Thomas. 

 

10:30 a.m.       Networking Break

 

10:45 a.m.    Annual Richard F. Babcock Faculty Keynote Address: “From the Ground Up: Unshared Assumptions in Law and Planning”  Introduction by Mr. Schnidman; Speaker: Ms. Deborah Rosenthal; Response Panel: Messrs. Merriam and Zelkowitz.

 

12:00 noon     Lunch Break (Sponsored On-Site Box Lunch)

 

Women in the Law Luncheon Session

 

Young Practitioners Luncheon Session

                  

1:00 p.m.      CONCURRENT HOT TOPICS SESSIONS

 

 Nuts and Bolts of Land Use Practice: Vested Rights and Regulatory Takings: Where Are We Now -- Moderator: Prof. Eagle; Panel:  Messrs. Roston, and Thomas.

 

                       Public Private Partnerships – Moderator: Mr. Gowder; Panel: Messers. Kasdin, Zelkowitz and Marquez.

 

  Climate Change and Resilient Development  Moderator: Mr. Murley; Panel: Ms. Torriente; Mr. Pathman

 

2:30 p.m.  Networking and Refreshment Break

 

2:45 p.m.    CONCURRENT HOT TOPICS SESSIONS

 

Nuts and Bolts of Land Use Practice: Client Representation-Developer, Government and Citizen Groups Moderator Mr. Gowder; Panel: Messrs. Marques, and Merriam.

 

Regulating Navigable Airspace: The Drones are Here –Moderator: Mr. Schnidman; Panel: Ms. Kellington; Mr. Merriam.

 

Housing Supply and Affordability – Planning Alternatives and Legal Consequences  Moderator: Dean Salkin; Panel: Prof. Callies and Mss. Agrimonti and Emami.

 

4:15 p.m.        Networking Break

 

4:30 p.m.        HOT TOPICS IN ADDRESSING DISPARITY

 

                        Moderator: Ms. Rosenblum

 

-Community Benefits Agreements—Commissioner Cava

 

-Environmental Justice—Mr. Wilson

 

-Access to Housing—Ms. Emami

 

(Panel Coordinator: Mr. Gowder)

 

6:00 p.m.         Adjournment

 

6:30 p.m.         Networking Reception - Join with the ABA Section of State and Local Government Law for Reception)

                 

Total 60-minute hours of instruction: 11.5, including 2 hours of Ethics

 

 

2017 Faculty

 

Planning Chairs (also on faculty)

 

Frank Schnidman

Former Distinguished Professor of Urban and Regional Planning,

and Former John M. DeGrove Eminent Scholar Chair, Florida Atlantic University

Boca Raton, Florida

 

Frank Schnidman is the former John M. DeGrove Eminent Scholar Chair at the School of Urban and Regional Planning, Florida Atlantic University, after having been awarded the Henry D. Epstein Distinguished Professor of Urban and Regional Planning Chair.  He taught both redevelopment and economic development courses. He retired from teaching at the end of the Summer 2016 semester, and now consults and organizes and chairs numerous seminars and conferences.  Schnidman has a Doctor of Jurisprudence (J.D.) degree (1973) and a Masters of Laws (LL.M.) degree in Environmental Law (1975) and has spent more than thirty years dealing with sophisticated land policy and land use regulatory issues as both a practicing attorney and as an academic. He is admitted to practice law in California, Florida, New York and the District of Columbia. Schnidman practiced law with the international law firm of Greenberg Traurig, after serving as the Director of the University of Miami School of Law Graduate Program in Real Property Development. He is a leader in continuing professional education, having chaired ALI-ABA land use related programs since 1977, as well as organized and participated in over 100 other seminars and conferences in the United States, Europe, Africa and Asia.  In Florida, he is recognized as one of the leading experts concerning redevelopment and CRAs. Schnidman is the author or editor of a number of books and the author or co-author of numerous professional journal articles. His co-authored treatise, Handling the Land Use Case, first published in 1984, is now in its 3rd edition with annual supplements. He has taught both planning law and land development law at a number of universities, including serving two years as a Visiting Scholar at Harvard Law School. In 1984 he was named a ULI Fellow “By virtue of recognized service and contribution of knowledge and experience in the fields of sound land use and urban development.”

 

Patricia E. Salkin 

Provost for the Graduate and Professional Division

Touro College

New York, NY

 

Prior to her current position as Provost for the Graduate and Professional Divisions at Touro College, Salkin was the Dean of the Touro College Jacob D. Fuchsberg Law Center. She previously served as the Raymond & Ella Smith Distinguished Professor of Law, as well as Associate Dean and Director of the Government Law Center of Albany Law School. Salkin is co-chair of the NYS Bar Association’s Standing Committee on Legal Education and Admission to the Bar, a past chair of the American Association of Law School’s State & Local Government Law Section, and author of hundreds of books, articles and columns including a recent piece in the Journal of Legal Education on incorporating best practices into the teaching of land use law. She served two terms as an appointed member of the National Environmental Justice Advisory Council, a Federal Advisory Committee to the U.S. Environmental Protection Agency.A member of the American Bar Association’s House of Delegates, Dean Salkin holds and has held many leadership positions within both the ABA and the New York State Bar Association including: Past Chair of the ABA State and Local Government Section and current member of the Standing Committee on Governmental Affairs (ABA); Past Chair of the NYSBA Municipal Law Section and Founding Member and Past Chair of the NYSBA Committee on Attorneys in Public Service; and she has chaired numerous NYSBA task forces including one focusing on: government ethics, eminent domain, and town and village justice courts.  A nationally recognized scholar on land use law and zoning, Salkin is the author of the popular blog, Law of the Land. Her land use publications include: The 4-volume 4th edition of New York Zoning Law & Practice (1999-present); the 5-volume 5th edition of American Law of Zoning (2008-present); Bordering on Madness: An American Land Use Tale Companion (with Popper and Avitale)(2008); Land Use & Sustainable Development: Cases and Materials, 8th ed. (Thomson West) (with Nolon) (2012); Climate Change and Sustainable Development Law in a Nutshell (Thomson Reuters) (with Nolon) (2010); Land Use in a Nutshell (Thomson West) (with Nolon) (2007);The Greening of Local Governments (with Hirokawa, eds.) (ABA Press 2012); and the annual Zoning and Planning Law Handbook, ed. (Thomson Reuters). 

 

 

Featured Speakers

 

Tomas Regalado
Mayor

City of Miami

 

Born in Havana, Cuba, Thomas Pedro Regalado began his professional career as a news reporter.  In September of 1996, Regalado began his career in public service after being elected City-wide, as Commissioner, and re-elected in 1999 and in 2003. Regalado, elected as Miami's 33rd Mayor, was re-elected in November 2013.  Among his accomplishments has been the implementation of a Trolley system of transportation. Since March, 2012, it has grown to six routes, 28 busses, and moving around six thousand passengers daily, addressing the historical deficiency of the public transportation system in the county.

 

Kieran Bowers 

President

Swire Properties, Inc.

 

Kieran Bowers joined the Swire group in 1998. He was General Manager of Cityplaza in Hong Kong – a 3.27 million square-foot mixed-use development featuring Hong Kong Island’s biggest shopping mall, three office towers, as well as a lifestyle business hotel, and linked by metro and road transport.  He has a wealth of property and leasing management experience, having served in senior roles in both Mainland China and Hong Kong. Kieran worked for Cathay Pacific, the aviation arm of the group, before joining Swire Properties, and served in management roles in various international markets, including Hong Kong, Japan, the Middle East and Europe.

 

Faculty

 

Lisa M. Agrimonti

Fredrikson & Byron, P.A.

Minneapolis, MN 

 

Lisa Agrimonti is a Shareholder Fredrikson & Byron, P.A. in Minneapolis, MN.  In her energy law practice, Lisa represents utility, cooperative and transmission companies facing administrative, regulatory and litigation issues in multiple states relating to complex transmission line permitting, tariffs and utility property rights. Lisa represents utilities seeking approvals from the Minnesota Public Utilities Commission and other state commissions and federal agencies to construct new facilities. She has acted as lead regulatory counsel for high voltage transmission projects in Minnesota, North Dakota, South Dakota and Wisconsin and obtained approvals for 950 miles of new 345 kV facilities. She has transmission line NEPA experience with the Rural Utilities Service and the United States Fish and Wildlife Service and has obtained state public utility status for a new market entrant. She also regularly advises on vegetation management requirements, and utility land rights disputes. Lisa concentrates a portion of her practice on real estate litigation. She has represented utility, housing and redevelopment and municipal clients in condemnation matters and has also assisted clients with mortgage foreclosures, title insurance claims, partition actions, adverse possession and commercial lease disputes. 

 

Amy Boulris

Gunster

Miami, FL 

 

Amy Brigham Boulris is a shareholder of the Gunster Law Firm.  Prior to joining Gunster in 2012 she practiced law at the boutique property right law firm Brigham Moore. Amy is a diverse litigator, experienced at both trial and appellate levels. Amy continues to devote her practice to the defense of property rights in the context of eminent domain, inverse condemnation, Harris Act claims, property related civil rights claims, zoning proceedings and related land use litigation, as well as to general civil appeals. She also frequently handles land use dispute resolution proceedings on behalf of clients. Clients and colleagues call upon Amy when faced with complex issues in the constitutional property rights and land use fields, and she has been a frequent presenter in national forums on the subject. As a member of Gunster’s Appellate practice group, Amy also has a diverse civil appeals practice, representing clients in both state and federal courts. 

 

Mary T. Cagel, Inspector General

Office of the Inspector General, Miami-Dade County

Miami, FL 

 

Amy Brigham Boulris is a shareholder of the Gunster Law Firm.  Prior to joining Gunster in 2012 she practiced law at the boutique property right law firm Brigham Moore. Amy is a diverse litigator, experienced at both trial and appellate levels. Amy continues to devote her practice to the defense of property rights in the context of eminent domain, inverse condemnation, Harris Act claims, property related civil rights claims, zoning proceedings and related land use litigation, as well as to general civil appeals. She also frequently handles land use dispute resolution proceedings on behalf of clients. Clients and colleagues call upon Amy when faced with complex issues in the constitutional property rights and land use fields, and she has been a frequent presenter in national forums on the subject. As a member of Gunster’s Appellate practice group, Amy also has a diverse civil appeals practice, representing clients in both state and federal courts. 

 

David Callies

Benjamin A. Kudo Professor of Law

University of Hawaii at Manoa, William S. Richardson School of Law

Honolulu, HI 

 

David L. Callies is the Benjamin A. Kudo professor of law at the Law School where he teaches land use, state and local government and real property. Previously he practiced local government and land use law with the firm of Ross & Hardies of Chicago during which time he also taught as an adjunct professor at the University of Wisconsin-Milwaukee’s School of Architecture and Urban Planning and served as an Assistant State’s Attorney. He is a graduate of DePauw University, the University of Michigan Law School (J.D.) and the University of Nottingham (LL.M.), and a past foreign fellow and present life member of Clare Hall, Cambridge University.  Professor Callies is past chair of the Real Property and Financial Services Section of the Hawaiʻi State Bar Association; past chair of the American Bar Association Section of State and Local Government Law and the recipient of its Lifetime Achievement Award in 2006; past chair, section of state and local government law, the American Association of Law Schools; past chair, Academics Forum, and member of Council, Asia Pacific Forum, of the International Bar Association; a member of the American Law Institute (ALI), for which he is an advisor to its Restatement of Property, 4th, Project; a Member of the College of Fellows of the American Institute of Certified Planners (FAICP), a member of the American College of Real Estate Lawyers (ACREL) and co-editor of the annual Land Use and Environmental Law Review (with JB Ruhl). Among his twenty books are Development by Agreement (with Barclay and Tappendorf) (ABA Press, 2012); Taking Land: Compulsory Purchase and Land Use Regulation in the Asia-Pacific (with Kotaka) (U.H. Press, 2002, republished in Japanese, 2007), Property and the Public Interest (with Mandelker and Hylton) (Carolina Press, 4th ed., 2015); Regulating Paradise: Land Use Controls In Hawaii (Univ. of Hawaii Press, 2d. ed. 2010), and (with Robert Freilich and Tom Roberts), Cases and Materials on Land Use (Thomson-West, 6th ed., 2010). His book, Land Use Controls in the United States is published in Kyoto (in Japanese) and Shanghai (in Chinese). His latest book (with coauthors) The Role of Customary Law in Sustainable Development was published by Cambridge University Press in 2006 and republished in paperback in 2010. He is a regular lecturer at the annual conferences of the American Planning Association and the Hawai‘i Congress of Planning Officials. His recent articles (of over 100) analyze the regulation of hydraulic fracturing, housing discrimination, and the future of regulatory taking. In 2015, the Owners’ Counsel of America awarded him its annual Crystal Eagle Award “for decades of property law scholarship and advancing property rights around the world.” He is presently writing a book on the Public Trust Doctrine.

 

Hon. Daniella Levine Cava

Miami-Dade County District 8 Commissioner

Miami, FL 

 

Daniella Levine Cava was elected in 2014 to serve as the Miami-Dade County Commissioner representing District 8, which includes Palmetto Bay, Cutler Bay, Homestead, and unincorporated areas of South Dade including Redland, Falls, Princeton, Naranja, Leisure City and parts of West Kendall. Previously she served special needs children and immigrants at Legal Services of Greater Miami, and then represented children in the child welfare system as Associate and Legal Director for the Guardian Ad Litem Program. In the aftermath of Hurricane Andrew, Commissioner Cava was recruited to create a new intake system for child abuse cases with the Department for Children and Families (DCF). In 1996 Commissioner Levine Cava founded Catalyst Miami (formerly called Human Services Coalition of Dade County, to help low- and middle-income families through education and advocacy. She serves on the boards of the Children’s Trust, Beacon Council and South Florida Regional Planning Council, among others, as a representative of the Board of County Commissioners. She’s won awards from the Commission on Ethics, Red Cross, American Society for Public Administration, ACLU, FIU, National Council of Jewish Women, League of Women Voters, People for the American Way, The CLEO Institute, Alliance for Aging, Dream in Green, the Urban Environment League, the Miami-Dade Democratic Party and American Association of University Women, among others. She graduated from Leadership Florida and was selected as one of 11 “leadership fellows” by the International Women’s Forum in 1999.

 

At the county level, Commissioner Levine Cava currently sits on the following committees: Unincorporated Municipal Services Area Committee (UMSA), Economic Prosperity Committee, Strategic Planning and Government Operations Committee and the Chairman’s Council for Prosperity Initiatives. Commissioner Levine Cava is also a member of the Metropolitan Planning Organization (MPO), which oversees transit agencies in Miami-Dade. In 2015, she was appointed Chairwoman of the MPO’s Fiscal Priorities Committee.

 

Steven J. Eagle

Professor of Law

Antonin Scalia Law School at George Mason Universitu

Arlington, VA 

 

With his work in regulatory takings and other aspects of property law, Professor of Law Steven J. Eagle plays an important role in the ongoing dialogue among American legal scholars, lawyers, and judges on the proper interpretation of property rights in the Constitution. He is the author of a leading property treatise and scholarly and popular articles, and teaches in programs for judges and the practicing bar. Professor Eagle joined George Mason in 1987 and also has taught at the law schools of Vanderbilt University, the University of Toledo, and Pace University. He earned his B.B.A. from the City College of New York (1965) and his J.D. from Yale Law School (1970). Professor Eagle teaches the first-year course, Property, Land Use Planning, and an advanced constitutional law seminar

on property rights.

 

Shahrzad Emami, Advocacy Director

Affordable Housing and Community Development

Legal Services of Greater Miami, Inc.

Miami, FL 

 

Shahrzad Emami serves as Affordable Housing Project Director at Legal Services of Greater Miami, Inc. in the Community Economic Development Practice Group. Ms. Emami primarily focuses her practice on the representation of non-profit developers and organizations that are developing or preserving affordable housing and community based facilities. She provides counsel on non-profit corporate governance and business development, transactional legal drafting and document review pertaining to the real estate development process from site acquisition through closing which includes representation of eligible organizations involved in litigation, including pre-foreclosure and foreclosure workouts in order to preserve affordable housing. As Project Director for the Florida Bar Foundation Preservation of Affordable Housing Grant Project, Ms. Emami represented organizations and non-profit affordable housing developers whose primary mission is to increase and preserve affordable housing in Miami-Dade County. She received her undergraduate degree from Vanderbilt University and her J.D. and LL.M in Real Property Development from the University of Miami School of Law. Ms. Emami is a member of the Dade County Bar Association, the Florida Housing Coalition, and the American Bar Association's Forum Committee on Affordable Housing and Community Development Law. At Miami Law she teaches Mortgage Law.

 

W. Andrew Gowder, Jr.

Austen & Gowder

Charleston, SC

 

Andy is a founding partner of Austen & Gowder, LLC.  His law practice involves counseling clients, litigation, and dispute resolution in the areas of real estate and land use, eminent domain and inverse condemnation, local and state government, corporate formation and governance for profit and nonprofit organizations, business transactions, the environment, natural resources, land conservation and historic preservation.  Andy is AV rated, the highest rating offered by Martindale-Hubbell (R), and is recognized as a Best Lawyer in Land Use.  He is currently the Chair of the Urban Land Institute (ULI) Sustainable Development Council, a past chair of ULI South Carolina and a member of its Governance Committee, a past Chair and the current Section Delegate to the House of Delegates of the American Bar Association State and Local Government Law Section, and a current member of the ABA’s Committee on Scope and Correlation of Work.  He is an ABA Life Fellow.  Andy speaks and writes to groups frequently.  Among other publications, he co-edited Tax Increment Financing and authored a chapter in Greening Local Government (2012 ABA Publishing) and is an annual contributor to The Urban Lawyer.  Active in the Charleston community, he currently serves on the boards of the South Carolina Aquarium, Enough Pie and Charleston Moves.  He is general counsel for a number of local and regional nonprofits and closely-held corporations and local governments.  Andy earned his J.D., cum laude, in 1986 from Wake Forest University School of Law, and his B.A., summa cum laude, in 1983 from Wofford College, where he was Phi Beta Kappa. He is admitted to the bars of the South Carolina Supreme Court, the United States District Court for South Carolina and the Fourth Circuit Court of Appeals.

 

Neisen O. Kasdin, Office Managing Partner

Akerman, LLP

Miami, FL 

 

Neisen Kasdin is the office managing partner of Akerman's Miami office. Neisen practices in the areas of land use and zoning, public-private partnerships, local government law, and procurement. Neisen was involved in the revitalization of South Beach through his service as chair of the Community Development Corporation for South Beach and as a City Commissioner and Mayor of Miami Beach. He is Governor of the Urban Land Institute. He currently serves as Vice Chair of the Board of Directors for the Miami Downtown Development Authority and as immediate past Chairman of the Board of Trustees of the New World Symphony. Neisen has been recognized by Chambers USA and The Legal 500 as one of the leading land use lawyers in Florida.

 

Wendie L. Kellington

Kellington Law Group PC

Lake Oswego, OR 

 

Wendie Kellington is known in Oregon and nationally for her expertise in administrative law, on topics ranging from land rights to aerial rights and the emerging law of unmanned vehicles. She is a member of the Radio Technical Commission for Aeronautics (RTCA), a federal advisory committee, serving particularly on the RTCA SC 228 developing Minimum Operational Performance Standards (MOPS) for UAS (drone) airspace integration. She also is a member of the Academy of Model Aeronautics. She is a frequent state and national speaker on a variety of topics including drones, navigable airspace and land development, including as a longstanding member of the faculty of ALI CLE (formerly ALI/ABA). Wendie represents clients to obtain regulatory entitlements, as well as with monitoring regulatory and legislative developments. She represents institutions and institutional developers.  She has been a Board Member and Chief Referee at the Oregon Land Use Board of Appeals as well as a member of the Oregon State Building Structures Board. She volunteers her time advising Power Oregon.  . Wendie is a frequent writer and speaker at national, state, regional and local conferences on drones, land use, endangered species and municipal law issues. She has written chapters in the Oregon State Bar Land Use Desk book, as well as serving as a contributing Author/Author on various national publications which include author in West’s Zoning and Planning Law Report and Environmental Issues as well as “Partial Takings” in the treatise Nichols on Eminent Domain Matthew Bender and Co.   Wendie loves all things athletic and playing with aerial robots.

 

Victor M. Marquez

The Marquez Law Group

San Francisco, CA 

 

Victor Manuel Marquez is the principal and founder of The Marquez Law Group in San Francisco, California. His practice focuses on real estate transactions, business and real estate litigation, state and local government relations, community outreach, and general civil litigation.

 

Mr. Marquez has expertise in assisting investor groups with developing commercial, residential, and mixed-use properties.   A primary focus of his practice is working with municipalities, and representing private, non-profit and public interests in the finance and construction of mixed-use private/public joint venture development projects.  He provides both governmental relations and community outreach to real estate development groups, and, he is a registered lobbyist with the City & County of San Francisco with an impeccable reputation and with proven successful outcomes for his clients.

 

Some of Mr. Marquez signature projects include working on the legal team for the development of the San Francisco Flagship InterContinental Hotel, The Ritz Carlton Residences and Hotel, The Mexican Museum, the SOMA Health Clinic; Mission Neighborhood Centers Casa de La Mision Community Center, the San Francisco Historical Museum & Society; the San Francisco Filipino Cultural Center, the Bayview Opera House, and the Bayview Hunters Point Naval Shipyard.

 

Mr. Marquez is a member of the ABA’s State & Local Government Section Counsel, a Board Member of the ABA Rule of Law Initiative (“ROLI”), a former Commissioners on the ABA Sexual Orientation and Gender Identity (SOGI) Commission, and a former National President of the Hispanic National Bar Association.    He has been recognized as one of the 100 Most Influential Hispanics by Hispanic Business Magazine and has received the 2008 Human & Civil Rights Award from Santa Clara Law School, the 2010 Attorney of the Year Award by San Francisco La Raza Lawyers Association, and the 2016 Spirit of Excellence Award at the ABA.

 

Dwight Merriam

Robinson + Cole, LLP

Hartford, CT 

 

Dwight Merriam founded Robinson Cole’s Land Use Group in 1978. He represents land owners, developers, governments, and individuals in land use matters. Mr. Merriam is a Fellow and past president of the American Institute of Certified Planners, a former director of the American Planning Association (APA), a former chair of the APA's Planning and Law Division, immediate past chair of the American Bar Association's Section of State and Local Government Law, former chair of The Institute for Local Government Studies at The Center for American and International Law, a Fellow of the Royal Institution of Chartered Surveyors, a Fellow of the American Bar Foundation, a member of the Rocky Mountain Land Use Institute's National Advisory Board, a Fellow of the Connecticut Bar Foundation, a CRE® (Counselor of Real Estate), a member of the Anglo-American Real Property Institute, and a Fellow of the American College of Real Estate Lawyers. He teaches at the Quinnipiac University School of Lawand has published over 200 articles and eleven books, including Inclusionary Zoning Moves Downtown, The Takings Issue, The Complete Guide to Zoning, and Eminent Domain Use and Abuse: Kelo in Context. He is the senior co-author of the leading casebook in land use law, Planning and Control of Land Development (Eighth Edition) and a co-author of Rathkopf’s Zoning and Planning 4th. He also co-authors the blog RLUIPA Defense at www.rluipa-defense.com, a resource for anyone seeking to avoid or defend against claims taken under RLUIPA.

 

Mr. Merriam is a featured speaker at many land use seminars and presents monthly audio land use seminars for the International Municipal Lawyers Association. He has been cited in the national press, from The New York Times to People magazine, and has appeared on NBC's Today show, MSNBC, and public television.

Mr. Merriam also had a career in the Navy, serving for three tours in Vietnam aboard ship, then returning to be the senior advisor of the Naval ROTC Unit at the University of North Carolina in Chapel Hill, where he taught defense administration and military management as an assistant professor in the undergraduate and graduate curriculum in defense administration and military management. He left active duty after 7 years to attend law school but continued for 24 more years as a reserve surface warfare officer with two major commands, including that of reserve commanding officer of the Naval Undersea Warfare Center. He retired as a captain in 1999 after 31 years of service.

 

James F. Murley

Chief Resilience Officer

Miami-Dade County

Miami, FL 

 

James F. Murley was recently appointed Chief Resilience Officer for Miami Dade County by Mayor Carlos Gimenez. Miami-Dade County, in partnership with the Cities of Miami Beach and Miami, is now participating in the Rockefeller 100 Resilient Cities Program.   Jim served has Secretary of the Department of Community Affairs under Governor Lawton Chiles and was appointed by Governor Charlie Crist to serve as Chair of the Florida Energy and Climate Commission. Previously he served as Executive Director of 1000 Friends of Florida, spent over 10 years with Florida Atlantic University overseeing research on urban and environmental issues and served as the Executive Director of the South Florida Regional Planning Council.  He is former Vice-Chair of the Miami-Dade County Sea Level Rise Task Force and was recently appointed to the City of Miami Sea Level Rise Committee.   He is a founding Board member of the American Society for Adaptation Professionals and a Fellow of the National Academy of Public Administration.

 

Wayne Pathman

Pathman Lewis, LLP

Miami, FL 

 

Wayne M. Pathman heads the firm’s Land Use, Zoning, and Environmental Law Section. Mr. Pathman represents businesses, developers and individuals before administrative and regulatory bodies at the municipal, state and federal levels in land use, zoning, and environmental matters. He is a leading authority and lecturer on issues regarding water law and its economic impact on Miami-Dade County and Miami Beach. Mr. Pathman represents developers of apartment buildings, shopping centers, hotels, and historic properties. He frequently represents residential and commercial developers seeking land use and zoning approval. Mr. Pathman also represents developers and individuals with regards to marine docks and dockage issues.  Mr. Pathman represents numerous businesses and individuals with complex commercial litigation matters regarding contract disputes with zoning and real estate matters.  Mr. Pathman frequently addresses various government agencies and private institutions on land use/zoning and water related matters.

 

Ellen F. Rosenblum

Oregon Attorney General

Office of the Attorney General

Oregon Department of Justice

Salem, OR 

 

A former federal prosecutor and state trial and appellate judge, Ellen Rosenblum was elected to a four-year term as Oregon's 17th Attorney General in November, 2012. She is the first woman to serve as Oregon Attorney General. Ellen's priorities as Attorney General include advocating for and protecting Oregon's most vulnerable, including especially its families and children, its seniors, Oregonians whose first language is not English, and students who have incurred significant education-related debt. She is committed to assisting district attorneys and local law enforcement in prosecuting complex crimes and has made internet and other crimes against children her highest priority. Ellen has been active in local and national organizations of lawyers, judges and attorneys general.  She currently serves on the Executive Committee of the National Association of Attorneys General and she chairs the Conference of Western Attorneys General.  She has served as Secretary of the American Bar Association and currently co-chairs the ABA’s Section of State & Local Government Law’s committee devoted exclusively to state attorney general issues.

 

Deborah Rosenthal

FitzGerald Yap Kreditor, LLP

Irvine, CA 

 

Deborah M. Rosenthal, AICP, is a partner at FitzGerald Yap Kreditor, LLP specializing in Real Estate, Land Use and Natural Resources and Environmental. Ms. Rosenthal devotes her practice to land use and environmental law and litigation. She works extensively with land use and environmental issues in California, including wetlands, endangered species, takings, historic preservation, mitigation banking and coastal issues. Deborah has also been involved in a variety of complex federal- and state-coordinated environmental permitting programs for large private developments, including the negotiation of development agreements and preparation of development plans. A major portion of her practice is devoted to CEQA, inverse condemnation and general plan litigation in connection with land use entitlements for large residential real estate developers. She has also represents clients in complex land use litigation in throughout California. Immediately before admission to the California bar, Deborah served as Executive Director of the Landmarks Preservation Council of Illinois. In this capacity, she was responsible for supervising statewide preservation-advocacy programs. Prior to attending Yale Law School, Deborah acted as a special consultant to the National Trust for Historic Preservation on selected planning issues in Oklahoma and provided special media services to the Oklahoma Humanities Council and the Oklahoma Council for the Social Studies.

 

Howard Roston

Fredrikson & Byron, P.A.

Minneapolis, MN

 

Howard Roston’s practice includes a broad real estate litigation and transactional focus. His clients include both international and local real estate individuals and companies. He has successfully tried scores of condemnation cases, before both court- appointed commissioners and juries, and has obtained excellent results for his clients.

Howard is a shareholder in the Condemnation & Eminent Domain, Real Estate and Litigation Groups, practicing out of the Minneapolis office. He has substantial condemnation law experience, representing both landowners and taking authorities. In addition to his condemnation practice, Howard represents clients in matters involving real estate including foreclosures and receiverships, zoning and land use, landlord/tenant, lien law, real estate tax protests, real estate transactional law and construction dispute resolution.

 

He has handled real estate transactions and disputes involving commercial, industrial sales, acquisitions, leasing and land use. As a real estate investor in addition to being a lawyer, his advice is both legally astute and pragmatic. He recognizes that most clients have a business concern, not just a legal issue to resolve.

 

Hon. Katherine Fernandez Rundle

State Attorney

Office of the State Attorney, Miami-Dade County

Miami, FL 

 

Katherine Fernanedez Rundles has served Miami-Dade County as State Attorney since March 12, 1993. Prior to that, she was an Assistant State Attorney. When she later served as Chief Assistant, she acted as legal counsel to the Dade County Grand Jury. As such, she presented hundreds of murder and capital cases and oversaw the issuance of reports that initiated major reforms in such areas as juvenile justice and revision of the building code following Hurricane Andrew. As State Attorney for Miami-Dade County she is head of the largest prosecutor’s office in the State and the fourth largest in the nation. 

 

Robert H. Thomas

Damon Key Leong Kupchak Hastert

Honolulu, HI 

 

Robert H. Thomas is a land use and appellate lawyer, and focuses on regulatory takings, eminent domain, water rights, and voting rights cases.  He has tried cases and appeals in Hawaii, California, and the federal courts. Robert received his LLM, with honors, from Columbia Law School where he was a Harlan Fiske Stone Scholar, and his JD from the University of Hawaii School of Law where he served as editor of the Law Review. Robert taught law at the University of Santa Clara School of Law, and was an exam grader and screener for the California Committee of Bar Examiners.

 

He currently serves as the Chair-Elect of the American Bar Association’s Section on State & Local Government Law, and is former Chair of that Section’s Eminent Domain Committee. He is the Hawaii member of Owners' Counsel of America, a national network of the most experienced eminent domain and property rights lawyers. Membership in OCA is by invitation only, and is limited to a single attorney from each state. He is also the Co-Planning Chair (with Joe Waldo, of Virginia) of the American Law Institute-CLE's annual program on condemnation law, Eminent Domain and Land Valuation Litigation. Robert is also the Managing Attorney for the Pacific Legal Foundation Hawaii Center, a non-profit legal foundation dedicated to protecting property rights and individual liberties. He is listed in Best Lawyers in Eminent Domain and Condemnation Law, and Land Use & Zoning Law, and in Super Lawyers in Appellate Law, Land Use/Zoning, and Government/Cities/ Municipalities. 

 

Susanne M. Torriente

Assistant City Manager and Chief Resilience Officer

City of Miami Beach

Miami Beach, FL 

 

Susanne M. Torriente joined the Miami Beach team as assistant city manager over the Sustainability and Resiliency Division composed of planning, building, code compliance, green space, recycling and environmental. She will also serve as the chief resiliency officer for the city. Torriente has played a leadership role on climate change at the local, state and national level and was a major contributor in the development of the regional climate change action plan. She currently serves on the national board of directors for the Association of Climate Change Officers. She also has a long career overseeing sustainability and public operations with the cities of Fort Lauderdale and Coral Gables and Miami-Dade County. Susanne M. Torriente was appointed Director of the Office of Sustainability in July 2009 and took on expanded responsibilities for sustainability-related departments in July 2010. Mayor Carlos Alvarez identified sustainability as a top priority for Miami-Dade's economic, social and environmental development, and Ms. Torriente is responsible for coordinating the full range of County resources toward that goal. Her department directs and guides policy formulation, grant opportunities, climate change, energy management and reduction, alternative energy and fuel source options, water conservation, green purchasing policy guidance, and sustainable capital development processes. She also oversees management of four major departments that are critical to our broadest sustainability goals, serving as their liaison to the Mayor and County Manager: Solid Waste Management, Environmental Resources Management, Water & Sewer and Planning & Zoning. She previously served as both Chief of Staff and Chief Assistant County Manager under County Manager George M. Burgess, directing strategic management initiatives, procurement, small business development, water and sewer, solid waste management, fair employment practices, and emergency management/homeland security. She has served on the Justice and Public Safety Steering Committee of the National Association of Counties (NACo), coordinating the organization's annual Large Urban County Caucus in Miami-Dade, focusing on emergency management issues. She also served on the NACo Labor & Employment Steering Committee, and was appointed by FEMA Administrator R. David Paulison to the FEMA National Advisory Council to represent the interests of local government.

 

Benjamin F. Wilson

Beveridge & Diamond. PC

Washington, D.C. 

 

Benjamin F. Wilson is Managing Principal of Beveridge & Diamond, P.C. He has been lead counsel in many complex environmental litigation and regulatory matters for major consumer products corporations, retailers, oil and gas companies, municipalities, and developers. He serves as the Court-Appointed Monitor for the Duke Energy coal ash spill remediation project, and previously served as lead counsel at the largest chromium site in the United States.  Mr. Wilson also offers deep experience with environmental justice representations, and is a recognized leader on diversity and inclusion in the legal profession.  Mr. Wilson established the African American General Counsel and Managing Partners Network in 2012, and founded the Diverse Partners Network in 2008.Mr. Wilson represents a number of municipal government agencies on Clean Water Act enforcement, litigation, and project development matters, including: the City of New Orleans; the Sewerage and Water Board of New Orleans; the District of Columbia Water and Sewer Authority; the Metropolitan Water District of Greater Chicago; and the San Antonio Water System. Mr. Wilson has represented financial bodies on a wide variety of environmental issues pertaining to the sale and ownership of real property, and on wetlands and Endangered Species Act litigation, as well as several complex commercial litigation matters. He also has counseled small and developing businesses throughout his career. He has also counseled on a variety of commercial contract matters and negotiated player contracts on behalf of professional athletes. Mr. Wilson serves on the Board of Directors of Northwestern Mutual Life Insurance Company, and on the Board of Trustees of Dartmouth College. He also serves on the Board of Directors of the Environmental Law Institute, and was elected in 2014 to the Board of Governors of the District of Columbia Bar Association. He serves as an Adjunct Professor of Environmental Law at the Howard University School of Law and co-founded the Howard Energy and Environmental Law Society. He is a former member of the Board of Trustees of the Maryland/DC Chapter of The Nature Conservancy.

 

A tireless advocate for diversity and inclusion in the legal profession, Mr. Wilson received in 2016 the Charles Hamilton Houston Medallion of Merit from the Washington Bar Association and will receive the Thurgood Marshall College Fund’s Thurgood Marshall Legacy Award.  Also in 2016, he received the Multicultural Media, Telecom and Internet Council’s Extraordinary Service Award. Savoy Magazine named him to its list of the Most Influential Black Corporate Directors (2016) and Most Influential Black Lawyers (2015).  In 2014, he received the Spirit of Excellence Award from the American Bar Association (ABA) Commission on Racial and Ethnic Diversity in the Profession, the Commission’s highest honor. In 2013, Mr. Wilson received the ABA Section of Environment, Energy, and Natural Resources' Dedication to Diversity and Justice Award. He was recognized by the National Bar Association Commercial Law Section with its coveted Outside Counsel Award for his excellent work and service on behalf of his clients, and his work promoting diversity in the profession. In 2012, Mr. Wilson was among the honorees in the "Outstanding Leaders in Law" by the Daily Record's Leadership in Law Program. He was also named one of the “100 Most Influential Black Lawyers in the Nation” by On Being A Black Lawyer. In 2009, he received the Wiley Branton Award for outstanding achievement in civil rights law by the Washington Lawyers Committee for Civil Rights and Urban Development (WLC). The Environmental Leadership Program's (ELP) Mid-Atlantic Network also honored the work of Mr. Wilson with "A Celebration of Leadership: Remembering Dr. King's Environmental Legacy with Benjamin Wilson." In 2008, the Environmental Law Institute (ELI) published a profile on Mr. Wilson in The Environmental Forum. In the profile, "The Defender," ELI notes that Ben "sees representing business and governmental clients not only as a mandate to achieve their goals but as an opportunity to benefit the environment and civil rights." Mr. Wilson was also appointed to the National Environmental Justice Committee as one of three representatives of Corporate America in 2004. He also serves as Co-Chairman of the American Bar Association Environmental Justice Committee which received the Committee Excellence Award in 2004 for the Section of Individual Rights and Responsibilities. From 1990 to 2004, he served as Chairman of the Board of Elections and Ethics of the District of Columbia. He has served two terms as Co-Chairman of the Washington Lawyer’s Committee for Civil Rights and Urban Affairs. He has served as the Chairman of the Board of Directors of Healthy Babies, Inc., Chairman of the Board of the Dwight A. Mosley Memorial Fund, Chairman of the Advisory Board of WAMU public radio, Member of the National Environmental Justice Advisory Council, and he has also served on the Boards of Funds for the Community’s Future and the Advisory Board of the National Association for Public Interest Law. 

 

Steven W. Zelkowitz, Managing Shareholder

Gray/Robinson

Miami, FL 

 

Is the managing shareholder in Gray Robinson’s Miami office and co-chair of the Hospitality Industry Group. He focuses on complex real estate, land use and zoning matters for both public and private clients. He has extensive experience in the sale and purchase of all types of commercial properties, leasing and related transactions, lending, title insurance and developer representation including condominium and hotel development and construction projects, as well as representation of municipalities and community redevelopment agencies. He also has experience in public/private transactions, including large-scale transportation and public works projects, as well as in obtaining state and local tax incentives for businesses relocating to the state of Florida. In addition, Steven has significant governmental law experience. He serves as general and special counsel to a number of community redevelopment agencies in South Florida, including the North Miami CRA, North Miami Beach CRA, Hallandale Beach CRA and Naranja Lakes CRA. He has also worked for a number of municipalities in South Florida, including Bal Harbour Village, Village of Key Biscayne, City of Aventura, City of Homestead, Town of Miami Lakes, City of Miramar, City of Weston, City of Dania Beach, City of Boca Raton, Islamorada, Village of Islands, and the City of Marathon.

Tutition for the two-day LUI program is $300
Judges, academics, non-profits, young lawyers, and government lawyers $250 

 

There are two methods to register for the 2017 Land Use Institute:

 

1. No hotel needed: Register for the stand-alone Land Use Institute (no hotel needed): register at this link.  

 

2. Discounted hotel rates with ABA Midyear Meeting: Register via ABA Midyear Meeting for access to discounted hotel rates. There is no charge to register for the Midyear, and ABA membership is not required. Register, then add "Land Use Institute" tickets for Feb 1 and 2 to your cart. See example below. To start that process, click here.

 

  

 

ABA Midyear Meeting

 

More information about the ABA Midyear here. Calendar of events here

 

Live Stream Option

 

Not able to come to Miami in-person? We are are in the process of setting up a live-streaming option. Email us and let us know if you are interested in attending online. 

 

Registration Assistance

 

Need help? 

 

email info@landuseinstitute.org 

 

or call or email our Program Assistant:

 

Leola Grant Tucker

Program Assistant

American Bar Association

(312) 988-5649

Leola.GrantTucker@AmericanBar.org

 

or call the or call the ABA Regisration help line directly at 312-988-5871. 

Registration page example. Check boxes for both days of the Land Use Institute

Lodging reservation page example

Contact


ABA Section of State and Local Government Law

321 North Clark Street
19th Floor
Chicago, IL 60654

 

Phone: (312) 988-5649

E-mail: info@landuseinstitute.org

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