Pot Dispensary Fails to in Bid to Challenge County Regulation

A thorough analysis of building codes and local ordinances applicable to seismic hazards provides the substantial evidence necessary to uphold a city's revised environmental impact report, the First District Court of Appeal ruled in Oakland Heritage Alliance v. City of Oakland.

An appellate court has upheld the City of Berkeley's application of the density bonus law and the California Environmental Quality Act exemption for an infill project.

An 11-judge panel of the Ninth U.S. Circuit Court of Appeals has thrown out the court's 2009 decision that invalidated the City of Goleta's mobile home rent control ordinance. This time, the court ruled the ordinance was not an unconstitutional taking of property because the mobile home park owners who brought the challenge acquired the property long after ordinance was in effect. 

The Town of Mammoth Lakes has been ordered to pay more than $32 million for violating a development agreement.

In upholding a jury's award of damages to the developer, the Third District Court of Appeal made clear that local government agencies are treated like any other private contracting party when it comes to development agreements and can be held liable for damages if the agency breaches the agreement.

Overview

A development project in Redding that would destroy critical habitat for endangered species may proceed because the affected habitat constitutes a small percentage of habitat available nationwide, the Ninth U.S. Circuit Court of Appeal has ruled. 

The Ninth Circuit's decision puts a new twist on the debate over what constitutes "adverse modification" to critical habitat by upholding a black and white mathematical percentage formula applied by the U.S. Fish and Wildlife Service (FWS). Using the formula, a FWS biological opinion determine there would not be adverse modification or destruction of critical habitat of three species native to the Central Valley.

In yet another California Environmental Quality Act case involving whether an agreement between a tribe and a city constitutes a "project," the First District Court of Appeal has held that the law did not apply to an agreement requiring a city's formal support of a proposed casino in exchange for the tribe's funding of undefined city services and improvements.

Counties and cities must let go of another share of property tax revenues to school districts under the redevelopment law's distribution of the property tax increment.

The Town of Tiburon has lost another round in its ongoing litigation with property owners over assessments to fund the undergrounding of utility lines.

In the case of West Chandler Boulevard Neighborhood Association v. City of Los Angeles, the Court of Appeal, Second Appellate District, considered the validity of the City of Los Angeles' grant of a conditional use permit, height variance and parking variance to a Chabad of North Hollywood, which was operating a synagogue in a residential neighborhood within the city. 

When the City of Morgan Hill annexed an 80-acre plot of land over public outcry, city residents fought back by approving ballot measures limiting the development that could take place on that parcel. With a recent appeals court ruling – 31 years after the initial annexation -- a developer's project is high and dry, with the court ruling that the city's actions did not amount to inverse condemnation or illegal spot zoning. 

The California Supreme Court will review a case in which Alameda County and a housing developer argue that a California Environmental Quality Act lawsuit filed by project opponents should have been dismissed because the opponents did not raise their objection during the administrative process.

A city ordinance effectively banning tattoo parlors oversteps constitutional limits protecting freedom of expression, the Ninth U.S. Circuit Court of Appeals has ruled.

A unanimous three-judge panel struck down a City of Hermosa Beach zoning code prohibiting tattoo parlors because it violated the First Amendment. 

Although it may seem that tattoos are the provenance of modern day subcultures such as rock stars and motorcyclists, tattoos have been part of evolving culture around the globe for thousands of years, the court explained. City of Hermosa Beach, however, perceived tattoos' outlaw air and had adopted a zoning ordinance that precluded the operation of tattoo parlors.