July 20 – Land Use – L16
Signs: A Different Kind of Land Use (especially after the Reed decision)
The typical paradigm for writing land use regulations (in order to maximize flexibility and discretion) can get your city or county into trouble if it’s used to regulate signs or other expressive conduct. The presenters, who write and defend sign codes, will explain what strategies and approaches must be abandoned when writing and enforcing sign laws, and why. And in the aftermath of Reed v. Town of Gilbert, the U.S. Supreme Court’s first decision about sign regulation in many years, they will discuss the background of the case, and the unsurprising and surprising aspects of the justices’ various opinions.
Speakers: John Baker, Randall Morrison, Mike Giaimo and Daniel Mandelker
John M. Baker is one of the founding partners of Greene Espel PLLP, a Minneapolis law firm. He has represented cities, counties, planning officials, and other public officials for over 25 years. In addition to his full-time law practice, he has taught Land Use Law at William Mitchell College of Law in St. Paul from 2006 to 2014. He is the author of several articles about constitutional litigation, particularly in the fields of land use and free expression, and co-author of the fourth edition of “Street Graphics and the Law,” to be released later this summer. He is also a regular presenter in state and national seminars on constitutional and statutory issues, and has been the author or co-author of several amicus briefs joined by IMLA. He graduated with high distinction from the University of Iowa (B.A.) and cum laude from the University of Michigan Law School (J.D.).
Randal Morrison – Randy to friends – is director of litigation with Sabine and Morrison, a public agency law firm based in San Diego. His nation-wide practice has focused on sign regulation, billboard litigation, and related fields for more than a decade. He is admitted to practice before the US Supreme Court, and has authored or co-authored briefs for that court in four sign cases, including the sign case now pending at the high court. He is also admitted to five of the federal courts of appeal, and has appeared in many state courts. Randy’s client list includes five of the nation’s ten largest cities. He is a 1986 graduate of the University of the Pacific / McGeorge School of Law in Sacramento. Upon graduation, the Associate Dean ranked him in the top one percent of all students who had ever graduated from the school.
Among the California local governments he has successfully defended in sign litigation are San Diego, San Carlos, Beaumont, Chula Vista, Lemon Grove, Tiburon, Vista, La Mesa, County of Monterey and County of Riverside. His out-of-state work includes defense of sign regulations in Houston and El Paso Texas, North Charleston SC, Honolulu Hawaii, Brentwood TN, and Boulder City NV.
He maintains the informational website signlaw.com and occasionally publishes an email-only newsletter summarizing the latest court decisions in the field. Before attending law school Randy was a radio broadcaster.
Michael Giaimo has practiced land use, environmental, and real estate law for 20 years, focusing on representing developers, businesses, institutions, government agencies, and other property owners in permitting, regulatory compliance, transactions, and related litigation and administrative proceedings. He also consults with clients on land use policy matters throughout the country. Mr. Giaimo has appeared in front of permitting boards in well over 100 Massachusetts communities. His many years of service on numerous local boards, including as past chair of his local planning board and the zoning board of appeals and currently as a select man, give Mr. Giaimo an appreciation of the view from the other side of the table and have assisted him in successfully permitting many controversial projects. Mr. Giaimo has made frequent local and national speaking appearances before professional, business, civic, and student groups on zoning; constitutional issues, including takings, religious land use, and equal protection law; and other land use and environmental law subjects. He is a contributing author of the Massachusetts Zoning Manual, and has numerous other publications to his name. The Massachusetts Superior Court has qualified him as an expert witness on land use permitting. Mr. Giaimo has been named to the Massachusetts Super Lawyers ® list in the area of Land Use since 2004 (Super Lawyers is a registered trademark of Key Professional Media, Inc.). He is listed in The Best Lawyers in America® in the area of Land Use and Zoning Law since 2013 (Copyright 2014 by Woodward/White, Inc., Aiken, SC).
Daniel R. Mandelker is a leading scholar and teacher in land use law, environmental law, and state and local government law. He was the principal consultant and contributor to the American Planning Association’s model planning and zoning legislation project. He was also the principal consultant to a joint American Bar Association committee that prepared a model law for land use procedures that was adopted by the ABA House of Delegates. He recently published a book on designed planned communities and a handbook on free speech law for on premise signs. Additionally, he received the ABA’s State and Local Government Section Daniel J. Curtin Lifetime Achievement Award.