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WELCOME BEIJING LAWYERS’ ASSOCIATION

漫长的一天LONG DAY

舒适的夜晚COMFORTABLE

EVENING

85 Years!

Our Goal is to Construct Bridges Built on the Foundations of Relationships

关系Guanxi

Wood & Lamping Practice Groups

• Business• Real Estate• Commercial Loans• Litigation• Bankruptcy• Employment/Labor• Student Immigration

• Co-counsel on other immigration matters

AND

LOCAL GOVERNMENT

干杯Cheers!

Why is the local government important to your client?

CountyApprox. 45

City, Village or Township

Federal StateOver2,000

How large is Beijing?

How small is an Ohio City?

Ohio ConstitutionEnables Cities and Villages to Prepare

Their Own Laws

Laws of City and Village

• Business• Control Use of Land (Zoning)• Streets• Earnings Tax• Police and Fire• Taking of Property (Eminent Domain)

Government Regulations Differ In Each Community

Zoning:• Residential

• Single Family• Multi Family

• Commercial• Office• Stores and

Restaurants• Industrial

• Manufacture• Assembly

Ohio Constitution,Article XVIII, Section 3

Municipalities [Cities and Villages]shall have authority to exercise allpowers of local self government andto adopt and enforce within theirlimits such local police, sanitary andother similar regulations [laws] asare not in conflict with general laws.

Some Awesome Powersof Local Government

• Take property by Eminent Domain – City of Norwood

• Regulate or even deny the use of your property

• Change laws to permit your client special use of its property

Examples ofThree Actual- Conflicts -

All within 15 miles of where we meet

Hamilton County, Ohio Courthouse

Each of these examples involves a conflict about the way land may be used.

• The local government officials?

• The people who live in the city or village?

• The Courts?

Factors in Play

Who Makes The Final Decision?

• The Government?• The Voter?• The Court?

ONE STORY:AN UNUSED FACTORY

CITIZENS OBJECTED

COUNCIL DENIED

ANDERSON TOWNSHIP

Case No. 8-2008 BZA Land Use Issues

Prepared For: Anderson Township Board of Zoning Appeals

Indian Hill

Newtown

Columbia Twp.

Terrace Park

Anderson Twp.

Proposed Mine

COMMUNITIES AT RISK

Case No. 8-2008 BZA Land Use Issues

Prepared For: Anderson Township Board of Zoning Appeals

The Conflict

• Two and One-Half Years of Hearings by Local Officials

• Two Years of Court Proceedings

• Three Different Decisions

• We expect a decision by the Court of Appeals Very Soon – any day!

LUCKEVS.

SYMMESTOWNSHIP

• Damages in excess of the amount of One Hundred Thousand and no/100ths Dollars ($100,000.00); and

• Damages in excess of the amount of Twenty-Five Thousand and no/100ths Dollars ($25,000.00).

• The cost of this action, attorney’s fees and such other and further relief as this Court deems just and proper.

Urban Renewalin Ohio after the Norwood Decision

Urban Renewal:What is it?

• Local Government declares an area is not being used in a reasonable manner.

• Local Government takes the property by Eminent Domain.

• Local Government offers to pay a “reasonable” amount of money for property.

• Local Government makes a contract with private developer to “improve” property.

Eminent Domain for Urban Renewal

• This is still a viable tool for municipalities.

But the Norwood case tested the limits of its use…

• and the tool failed

If used properly…

• Urban Renewal can still rescue communities from real blight.

Do not attempt to use Urban Renewal if:

• Municipality has not identified a blighted areaOR

• The goal is economic development rather than the removal of blight

What are the factors that caused the Norwood Urban Renewal Model to fail?

Kelo v. City of New London

• U.S. Supreme Court decision (2005)

• Economic development, by itself is “public use” under the U.S. Constitution

• Public outcry = Political fallout

Resolve of Carl and Joy Gamble

• Sympathetic party thrust into the spotlight

• They did nothing wrong

• This was the home they loved

• Outcome might have been different if only businesses were involved

Ugly Facts

• Government taking at request of private developer

• Previous study said “No Blight”

• Developer funded new blight study

• Study said not fit for residential use, but plan was to include 200 residential units

• Developer began project prior to city initiating blight study

Ohio Supreme Court Justices identified issues that troubled them:

Norwood Decision

• “Deteriorating” is not enough

• “Economic Benefit” alone is not enough

• Property Owners can now request a stay pending appeal

Local Government &Your Client

Each government has a “personality”

• Zoning

• Economic Development

• User-Friendly

• Economic Incentives and tax abatements

• Your Client’s Home• Education• Quality of Life

Local Government

Local Government

Partners with your business clients

What we lack in size…

We strive to achieve by ingenuity and quickness.

Now We Turn From Conflict To Success.

A True Story

Wood & Lamping LLP

City of Mason

35 Years of Building Success- One day at a time -

Robert P. Malloy, Esq.Wood & Lamping LLP600 Vine StreetSuite 2500Cincinnati, Ohio 45202(513) 852-6043