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California faces a housing crisis of “historic proportions.” In response, the Legislature enacted the Housing Accountability Act (HAA)—known as the “Anti-NIMBY Act”—to dramatically increase housing construction by preventing local governments from arbitrarily denying viable development projects.

On January 30, 2025, Judge Curtis A. Kin found that the City of Los Angeles (City) acted in bad faith and violated the HAA when the East Los Angeles Area Planning Commission (APC) denied a 50-unit mixed use TOC housing development project in Boyle Heights (Project) based on neighborhood gentrification concerns. Cesar Chavez 888, LLC v. City of Los Angeles et. al. (24STCP01880) Based on the finding of bad faith, the Court will issue a judgment directing the City to approve the Project. In addition, the Court is required to award reasonable attorney’s fees and costs of suit to the petitioner unless it finds extraordinary circumstances. JMBM partners Sheri Bonstelle and Matthew Hinks and associate Julia Consoli-Tiensvold represented the petitioner in entitling the Project and litigating the case.  The Court’s finding of bad faith, the HAA’s attorney’s fees provisions, and the order to approve the project in the Cesar Chavez case, should serve as an incentive for local governments to train its commissions to act within the bounds of the HAA, and not for political expediency. Continue reading

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On September 26, 2024, Daniel Freedman, partner at JMBM, participated in a webinar hosted by Less Red Tape titled, “Historic Districts and Implications to Owners.” The webinar addressed the growing trend of historic designations across the state as well as the legal and practical impacts for property owners.

Click here to watch the webinar.

JMBM regularly advises property owners, developers, and businesses on issues related to historic preservation, including navigating local historic regulations, defending against unwarranted designations, and managing the legal requirements for redevelopment of historic properties.

For more information on historic designation issues or property law, contact Daniel Freedman at JMBM.

Daniel F. Freedman is a land use and environmental attorney who has more than a decade of experience assisting and advising on residential, industrial, commercial and mixed-use developments, and his practice emphasizes municipal and land use law. He represents clients on related civil litigation matters in both state and federal courts, and is an experienced lobbyist on local, state, and federal matters. Contact Daniel at DFreedman@jmbm.com or 310.785.5391.

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Daniel Freedman, Partner and Co-Chair of the Housing Strategy and Litigation Group at Jeffer Mangels Butler & Mitchell LLP (JMBM), recently achieved a major success on behalf of real estate developer The Commons MPK, LLC. After years of navigating entitlement challenges, Freedman successfully led the effort to gain approval from the City of Monterey Park for a 64-unit residential condominium project. The development will include multi-family units, parking, landscaping, abundant community amenities, and a stunning architectural design.

Of the 64 units, 57 will be offered at market rate, while seven units will be reserved for very low-income households, making this project an important step toward helping Monterey Park meet its state-mandated housing goals while addressing the local need for diverse housing options

Following a unanimous recommendation of support from the Monterey Park Planning Commission in August of 2024, the project received final approval by the City Council on September 18, 2024, with a unanimous vote. Click here to watch.

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JMBM is pleased to announce that Daniel Freedman, a distinguished partner in JMBM’s Government Land Use and Energy department and co-chair of the firms Housing Strategy and Litigation Group, has been chosen as an adjunct professor for the UCLA Luskin School of Public Affairs Urban Planning graduate program. This prestigious appointment highlights his exceptional expertise at the intersection of law and urban planning. Daniel has also served as an adjunct professor in the graduate urban planning program for California State University Northridge.

Being selected to teach at one of the nation’s premier institutions is a testament to Daniel’s deep understanding and impact in the field, as well as to his dedication to advancing knowledge in law and its application to the most complex challenges facing today’s city and regional planning professionals. His passion and insights will enrich the learning experience for students and elevate the discourse surrounding land use and city planning.

“As graduate from UCLA’s urban planning Masters program, I understand the significance of this curriculum for the students, as well our regional institutions,” said Daniel. “I look forward to contributing to the program and helping our future planning professionals develop a nuanced perspective of how the law continues to shape our urban environment.” Continue reading

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The Land Use lawyers of Jeffer Mangels Butler & Mitchell LLP (JMBM) represent Neighbors for Hillside Safety, an unincorporated association of homeowners, residents, and stakeholders who live and work within the proposed Wildlife Ordinance District being considered as part of the City’s Wildlife Pilot Study and the associated Wildlife Ordinance District. This proposed ordinance would rezone over 23,000 acres of the City, impacting tens of thousands of homes without any environmental analysis and without legally adequate notice.

Ben Reznik, Chair of the Firm’s Government, Land Use, Environment and Energy Department, and Partner Daniel Freedman have submitted a series of letters to the Department of City Planning outlining our client’s opposition to the ordinance as currently written.

You can read the letters by clicking the images below.

June 16, 2023

IMAGE-Wildlife-Ordinance-Letter-June-16-2023-232x300

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Last month, the Sixth Circuit Court of Appeals issued an important decision in the area of property rights, development exactions, and the Fifth Amendment. In Knight v. Metropolitan Government of Nashville & Davidson County, Tennessee, case number 21-6179, plaintiffs James Knight and Jason Mayes challenged the constitutionality of a City of Nashville’s “sidewalk” ordinance, which imposes sidewalk-related conditions on landowners who seek building permits.

Specifically, to obtain a building permit, the City requires the developer to either grant an easement across its land and agree to build a sidewalk, or otherwise pay an “in-lieu” fee to help build sidewalks in other parts of the City. The plaintiffs, who were subjected to the ordinance as part of a proposed housing development application, argued that the ordinance and the resulting condition of approval constituted a takings without just compensation.

The key issue before the Sixth Circuit was which “legal test” or “standard” applied to its review of the facts. The City wanted the court to view the ordinance like any other zoning or generally applicable development restriction, and the petitioner wanted the court to view it as an unlawful exaction (i.e., a form of extortion). As the Court explained this issue:

In particular, the parties [] disagree over the “test” that we should use to judge whether the sidewalk ordinance commits a taking. The landowner plaintiffs ask us to apply the “unconstitutional-conditions” test that the Supreme Court adopted to assess conditions on building permits in Nollan v. California Coastal Commission, 483 U.S. 825 (1987). Nashville responds that the Court has applied Nollan’s test only to ad hoc administrative conditions that zoning officials impose on specific permit applicants—not generally applicable legislative conditions that city councils impose on all permit applicants. For legislative conditions, Nashville says, we should turn to the deferential “balancing” test that the Court adopted to assess zoning restrictions in Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978).

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Los Angeles—JMBM’s Land Use Group is pleased to announce that three partners in the practice were recognized by Best Lawyers in America® for Land Use and Zoning Law. Department Chairman Benjamin M. Reznik was included on the Best Lawyers in America list for 2023, and partners Neill E. Brower and Daniel F. Freedman were recognized as “Ones to Watch.”

Best Lawyers in America is based on a comprehensive peer-review survey in which tens of thousands of top lawyers evaluate the legal abilities of other lawyers within their practice areas. The “Ones to Watch” list recognizes lawyers earlier in their careers who have achieved outstanding professional excellence. Continue reading

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LOS ANGELES–Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce that the Firm’s Land Use & Zoning practice has again received the highest possible designation of National Tier 1 in the 2022 U.S. News and World Report – Best Lawyers® “Best Law Firms” rankings. The report recognizes the top law firms in the country for professional excellence based on peer review.

“I’m proud of the level of service we offer, the expertise we have developed, and the results we achieve,” said Benjamin Reznik, Chair of the Government, Land Use, Environment & Energy Department. “This recognition emphasizes our team’s experience advocating for our clients’ success, and our commitment to their goals.”

The Best Law Firms designation is based on a rigorous process that includes client and lawyer evaluations, and peer review from leading lawyers.

About JMBM’s Government, Land Use, Environment and Energy Department
JMBM’s government, land use, environment, and energy lawyers represent a wide range of industries, businesses, trade groups and individuals before every level of government, and in litigation. We routinely advocate for our clients’ interests before the myriad of regulatory authorities, administrative agencies and elected bodies that govern business and development activities. We process zoning & land use entitlements from beginning to end, and if necessary, defend the project in court litigation.

About JMBM
Jeffer Mangels Butler & Mitchell LLP is a full-service law firm committed to providing clients with outstanding results. From our offices in Los Angeles, San Francisco, and Orange County, we serve our clients’ needs worldwide. For more information about our attorneys and our services, visit jmbm.com.

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LOS ANGELES—Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce that the firm’s Government, Land Use, Environment and Energy Department has once again been ranked as a National Tier 1 practice by U.S. News – Best Lawyers® “Best Law Firms” for 2021. The designation, which is the highest ranking given by the publication, reflects the practice’s commitment to legal excellence and achieving positive results for clients developing real estate projects throughout the country.

“It’s rewarding to have our work recognized by U.S. News again this year,” said Benjamin Reznik, Chair of the Government, Land Use, Environment & Energy Department. “Our Land Use attorneys have a deep understanding of the challenges our clients face in a complicated, ever-shifting zoning and regulatory landscape, and use that knowledge to help them achieve their goals.”

“Best Law Firms” rankings are based on a peer review process that incudes client and lawyer evaluations, and recognizes excellence at leading law firms in the U.S.

About JMBM
Jeffer Mangels Butler & Mitchell LLP is a full-service law firm committed to providing clients with outstanding results. From our offices in Los Angeles, San Francisco, and Orange County, we serve our clients’ needs worldwide. For more information about our attorneys and our services, visit JMBM.com.

About JMBM’s Government, Land Use, Environment and Energy Department
JMBM’s government, land use, environment, and energy lawyers represent a wide range of industries, businesses, trade groups and individuals before every level of government, and in litigation. We routinely advocate for our clients’ interests before the myriad of regulatory authorities, administrative agencies and elected bodies that govern business and development activities. Our negotiation expertise and lobbying experience includes representing clients seeking to locate and develop new sites, relocate, expand operations, and all related permitting and compliance.

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LOS ANGELES—The Government, Land Use, Environment and Energy Department at Jeffer Mangels Butler and Mitchell (JMBM) is pleased to announce its inclusion in the 2020 Edition of U.S. News – Best Lawyers® “Best Law Firms.” The Department received a ranking of National Tier 1 – the highest possible ranking – in Land Use & Zoning Law.

“We are honored to have been listed once again as a National Tier 1 practice,” said Benjamin Reznik, Chair of the Government, Land Use, Environment & Energy Department. “This recognition reflects the dedication and creativity of JMBM’s Land Use attorneys, who provide outstanding results to our clients, including winning lawsuits with complex issues and unusual circumstances.”

The “Best Law Firms” rankings recognize the top law firms in the country for professional excellence based on peer review. The National Tier 1 designation is based on a rigorous process that includes client and lawyer evaluations, and peer review from leading lawyers.

About JMBM
Jeffer Mangels Butler & Mitchell LLP is a full-service law firm committed to providing clients with outstanding results. From our offices in Los Angeles, San Francisco, and Orange County, we serve our clients’ needs worldwide. For more information about our attorneys and our services, visit JMBM.com.

About JMBM’s Government, Land Use, Environment and Energy Department
JMBM’s government, land use, environment, and energy lawyers represent a wide range of industries, businesses, trade groups and individuals before every level of government, and in litigation. We routinely advocate for our clients’ interests before the myriad of regulatory authorities, administrative agencies and elected bodies that govern business and development activities. Our negotiation expertise and lobbying experience includes representing clients seeking to locate and develop new sites, relocate, expand operations, and all related permitting and compliance.