State and Local Reporter - 08/05/2003 (Plain Text Version)

Debora Trimpe, Chair
Flower Mound, Texas

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In this issue:
Brookings' Report on Impact Fees Is Flawed, Says NAHB
Texas Adopts Major Building Industry Reform Package
Big Picture Look at State, Local Governments' Fiscal Crises
Notice and Opportunity to Repair Legislation Recap
New IRS Web Site for Sec. 527 Groups
Legal News: Two Precedent-Setting Cases Could Reach Supreme Court
Get State, Federal Legislative Information on Enhanced NAHB Web Site
NAHB-Supported Federal Tax Bill a Plus for Builders and Small Businesses
SLGA Conference Helps Alaska Association Advance NOR Bill
Industry News
Tools Available to Promote Positive Industry Image

Industry News

Florida
Attorneys in Florida are organizing a petition drive for a constitutional amendment requiring land-use changes to be approved by referendum. If the petition collects 500,000 signatures, voters will decide on the amendment during the 2004 general election.

Since development has been the hottest issue in all local elections, an amendment to regulate it is expected to attract many supporters. A political pollster who works for development interests predicts that if the amendment makes it to the ballot, it will pass.

To collect signatures, petition drive organizers are using neighborhood groups, activists, word-of-mouth and a Web-based campaign.

Source: Sun-Sentinel, July 22, 2003

Massachusetts
According to Smart Route Systems, an independent company contracted by the state to monitor commuting time, opening of the Big Dig tunnel has not significantly reduced drive times.

Data shows that the morning rush hour commute from Braintree to Boston, which used to take 25 minutes, now takes 22.

Opening the northbound Liberty Tunnel is a major milestone in the $14.6 billion infrastructure project.

Big Dig officials cite several reasons for not seeing a rapid traffic flow improvement: 1) the new highway has attracted thousands more cars a day; 2) congestion affecting southern commuters may have gotten worse since the tunnel's opening.

Source: Boston Globe, June 30, 2003

Michigan
After being repeatedly denied requests by Lyon Township to develop more than 700 manufactured homes, a development company and a manufactured housing development company have filed suit against the township.

For years, the development company, F & H Holdings, has held an option on the land, but has been unable to get approval from the township.

The township supervisor says that the board will consider only single-family proposals, because the property is zoned for one unit per acre.

The township is already home to mobile home parks, and parks are also located in neighboring cities.

Brookside Holdings, the manufactured housing company filing suit, recently won a similar suit against another Michigan township and won the rights to build 600 homes on the site.

Source: The Detroit News, July 23, 2003

Nevada
The largest construction defect award in Nevada’s history — $20.5 million — was awarded to condominium owners in southeastern Nevada’s Canyon Willow Community.

The plaintiffs in Canyon Willow HOA vs. Torino Construction cited a number of structural defects in addition to water-related mold issues.

A source at Torino Construction said that the many of the alleged defects could have easily been fixed, and that Nevada’s new Notice and Opportunity to Repair legislation (Senate Bill 241), which establishes a 90-day right to repair period before homeowners can file suit, will help prevent similar lawsuits in the future.

The suit was filed in late 1999 and settled in mid-2003.

Source: Las Vegas Review-Journal, July 18, 2003