Farm's Appeal Options Dry Up

In a case involving the City of Stanton's "sensitive use ordinance," the Fourth District Court of Appeal has ruled that the city's handling of an application for an adult business was flawed. 

On December 1, 2008, Musa Madain submitted tenant improvement plans for a proposed adult cabaret on Katella Avenue. At the same time, he allegedly also attempted to submit the appropriate application and fee for an adult business. However, Madain claims he was told by city staff at the planning counter that the application and fee were not necessary. Two weeks later, Madain received a letter from the city manager stating his tenant improvements were rejected on the grounds his application was incomplete and that it was proposed within 300 feet of a "planned" church. 

Mere conclusions and assumptions do not amount to substantial evidence to support a finding of physical blight, an appellate court has ruled in upholding a challenge by the County of Los Angeles against the City of Glendora. 

United by common complaints against a particularly loud, disruptive neighbor, the residents who live under the flight path of Los Angeles International Airport are a relatively cohesive bunch. The Second District Court of Appeals has ruled, however, that neighborhood cohesion goes only so far. 

According to the court's decision in City of Los Angeles v. Superior Court (2011), the city's voluntary program by which certain residents who live near the airport can sell their property to the city does not amount to a taking of adjacent properties. 

In order to avoid having your takings claim dismissed, your timing must be just right. Unfortunately for Colony Cove Properties, LLC, the timing was off, and its multifaceted takings claim was rejected by the Ninth U.S. Circuit Court of Appeal for being both too late to challenge a rent control ordinance and too early to challenge how a city applied its ordinance. 

California appellate courts have recently published two opinions regarding attorney's fees in land use cases. Not surprisingly, the party that won on the merits in the first case also won attorney's fees, while, in the second case, the party that lost on the merits was not awarded attorney's fees even though the losing party argued that it deserved the fees.

In approving a redevelopment project that relies on a 20-year-old environmental impact report, the City of San Diego was not required to conduct supplemental environmental review on the issue of climate change, where the only discretionary action for a project was limited to project aesthetics, the Fourth District Court of Appeal has ruled.

The environmental impact report for a proposed human waste composting facility in San Bernardino County has been rejected by the Fourth District Court of Appeal for failure to examine an alternative facility that would be enclosed rather than open-air, as proposed. In addition, the court ruled the county should have completed a water supply assessment for the project.

A State Lands Commission policy prohibiting development seaward of the most landward historical position of the mean high tide line was an invalid underground regulation because it was not promulgated as a regulation pursuant to the Administrative Procedures Act, the Third District Court of Appeal has ruled.

An appellate court has blocked a proposed Santa Barbara housing subdivision because the city did not receive of voter approval of an access road and bridge on city-owned open space land, as required by a 1982 initiative. 

In the 100 years since the initiative and referendum powers have become part of the local land use planning and development legal framework, voters have used these populist elements of democracy to shape growth. The case from the City of Santa Barbara illustrates a variation on the intersection of planning and voter control.