Legal Digest

The Ninth U.S. Circuit Court of Appeals has ruled that The Presidio Trust can move forward with the construction of a 12-building complex commonly referred to as a "lodge" in the vicinity of the Main Parade Ground. In so doing, the court rejected arguments from the Sierra Club and a variety of historic preservation organizations that doing so would violate the Presidio Trust Act. The court also rejected the argument that the Presidio Trust's actions did not meet the consultation requirements contained in Section 110f of the National Historic Preservation Act. >> read more

An outdoor advertising company that erected a billboard without permits in the City of Corona was not discriminated against and did not have its constitutional rights violated by the city's action, the Fourth District Court of Appeal has ruled. >>read more

In a 61-page opinion, the Third District Court of Appeal has ruled that the Department of Fish & Wildlife's actions in managing coastal flooding around Lake Tolowa and Lake Earl in Del Norte County constituted a physical taking of the adjacent landowners' property. 

However, the Third District also ruled that the regulatory processes that led to the periodic flooding of the nearby property did not constitute a regulatory taking on the part of the Coastal Commission.

The case involves the Pacific Shores subdivision in Del Norte County, located along the beach just a few miles south of the Oregon border. The 1,500-lot subdivision itself was approved in 1963. Infrastructure such as roads is in place. But no homes have ever been built on the property, partly because the Coastal Commission has never approved a local coastal program land use plan for the area. >>read more

A Venice tenant who was renting her attic or loft out through AirBNB does not have a "triable issue of fact" on an eviction case brought against her by her landlord, the appellate division of the Los Angeles County Superior Court has ruled.

The case highlights one of a myriad of legal issues created by the such online services as AirBNB, which facilitates occupants of regular housing to rent out their bedrooms as if they were hotels, often in violation of zoning ordinances and homeowner association rules.

The case involved Joella Kraft, who lived in a rent-controlled unit in the Venice neighborhood in Los Angeles pursuant to a written agreement with the property's then-landlord dating back to 1997, which also permitted her two then-young sons to live there on a part-time basis. >>read more

The California Department of Food & Agriculture erred in preparing an environmental impact report for a program intended to eradicate with an invasive pest without examining the long-term consequences of an alternative program to control the pest rather than eradicate it, the Third District Court of Appeal has ruled.

As it happens, CDFA actually switched the program at the last minute from eradication to control, but the Third District said the defeat in the EIR would have been a legal problem under any circumstances. Relying on Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439, the Third District said CDFA's action was "prejudicial," requiring the appellate court to reverse two trial court rulings related to the case.

The case involves CDFA's efforts to eradicate the light brown apple moth, or LBAM, an invasive "leaf-roller" moth that was first seen in California in 2007. Because LBAM represented a threat to all California ornamental plants as well as fruits and vegetables, and its invasion of California was moving fast, the legislature quickly authorized CDFA to undertake a temporary LBAM program with the goal of eradicating the pest. >>read more

The Fourth District Court of Appeal has blocked the City of Anaheim's attempt to build a surface parking lot on a property adjacent to two new hotels rather than a parking structure, as was implied in a conditional use permit the city approved in 1999.

Technically, the appellate court affirmed a trial judge's ruling that the city was estopped (a legal term essentially meaning prohibited) from enacting a subsequent conditional use permit � applying to the city's own property, not the hotel developer's property � that called for a surface lot rather than a parking garage and deviating from the city's own Resort Development Standards, which the hotel developer's own project had to meet.

The case involves a complicated arrangement in which Intercontinental Hotel Group had agreed to a smaller, redesigned project because of the city's plans to build an overpass over I-15 along Gene Autry Way that better connects Disneyland with Anaheim Stadium and other destinations east of the freeway. The overpass, which opened in 2012, takes up part of the hotel developer's property and also part of an adjacent property. >>read more

In light of a similar ruling by the California Supreme Court in a case from San Diego, the First District Court of Appeal has ordered Cal State East Bay to revisit the question of offsite traffic mitigation in the environmental impact report for its long-range master plan. As the Supreme Court did in San Diego, the court ruled that Cal State cannot simply declare mitigations infeasible unless the state legislature appropriates funds specifically for that purpose. >>read more

San Bernardino County is not entitled to the return of $9 million in loan principal to the former county redevelopment agency, even though the funds were not tax-increment revenues and had come from the county's general fund, the Third District Court of Appeal ruled Monday. >>read more

The division of one parcel into four noncontiguous pieces via eminent domain does not automatically create four legal parcels and permit the landowner to avoid the Subdivision Map Act, the First District Court of Appeal has ruled. 

"We hold that a 'division' of property within the meaning of the [Subdivision Map] Act does not occur simply because an eminent domain proceeding results in a physical separation of a property's non-condemned portions," wrote Presiding Justice Jim Humes, a former top aide to Jerry Brown for a three-judge panel of the First District. "The owner of such a property is therefore not entitled to a certificate of compliance for each of the resulting separate parts." >> read more

In a split decision, the Second District Court of Appeal has ruled that the City of Carson acted properly in denying the subdivision of a mobile home park because this change in ownership structure was inconsistent with the general plan by placing at risk wetlands within the park, which were reclaimed from contaminated oil friends and are called out in the open space element of the city's general plan. >>read more

Cities' ability to control their streets' aesthetics may be affected by a June 18 U.S. Supreme Court ruling on content-based regulation of signage, but perhaps not as drastically as they had feared. 

In Reed v. Town of Gilbert, a six-justice majority of the high court applied strict scrutiny to a local "sign code" that restricted "temporary directional signs" based on their content. However, as the American Planning Association noted, a partly overlapping group of six justices joined in more cautious concurrences that sought to moderate the effects of the main ruling. And even the majority opinion offered reassurance that "Our decision today will not prevent governments from enacting effective sign laws." >>read more

Yesterday's landmark ruling by the California Supreme Court upholding San Jose's inclusionary housing ordinance was rightly hailed as a huge victory for affordable housing advocates. But the truth is that the ruling shouldn't be viewed as a surprise. It was a very difficult case for the building industry to win - at least the way the industry's lawyers has set the case up. >>read more