Legal Digest

A Berkeley citizen group lost its challenge to People's Park in the legislature and the California Supreme Court. But that didn't stop the group from claiming enough of a victory to seek $1 million in attorney's fees. An appellate court shot the idea down.

In an unpublished opinion, an appellate court says the "historic structures" and an "historic district" are not the same -- and rejects other challenges to two SB 35 project approvals.

In the case, an appellate court concluded that a city council could delegate final approval of a housing element to the city manager

In case from Davis, appellate court does not find "unusual circumstances" that would lead to an exception to the exemption.

In a battle over $1.2 million in attorney's fees in a case involving eight townhomes, court says Housing Accountability Act does not dominate. But it's not clear how the case will turn out.

In La Habra, the City Council delegated final approval of the housing element -- after negotiations with HCD -- to the city manager and didn't hold a final public hearing. An appellate court says that's fine.

The city's famous 1986 initiative required developers to prove that they could provide infrastructure according to city standards. But, as it turns out, the initiative didn't set the standards. 

Although an appeal to the U.S. Supreme Court is still possible, the reluctant city might finally have to adopt a housing element.

In a case from Dublin, a local judge seems to think so -- even for a ballot meausre. 

Passage of SB 450 means L.A. judge will look again at whether the lot-split law applies to charter cities. 

SB 158, which lifts the CEQA exemption for some projects, apparently applies only to one project in the entire state: a proposed eight-story apartment building behind the iconic Santa Barbara Mission.

Appellate court concludes city should not have exempted car wash, which could lead to more Benzene emissions near school playground