Legal Digest

The City of San Diego could legally determine that a road was no longer necessary and close the road, even though thousands of motorists would drive on the road if it were open, the Fourth District Court of Appeal has ruled. >>read more

An environmental impact report for a water pipeline project near Jackson has been rejected because the water agency in charge did not explain the reason why it concluded that a potential impact was not significant.

A state appellate court has refused to block the City of San Francisco's plan to lease former state highway property to a nonprofit agency for development of an affordable housing project. A First District Court of Appeals, Division Four, panel voted 2-1 to uphold a lower court's ruling against project opponents, who contended the city plan violated state law that limited the use of the property.

Owners of the San Remo Hotel in San Francisco have lost the latest round in their 11-year litigation over the city's ordinance restricting the conversion of residential hotels to tourist use. In the latest decision, the Ninth U.S. Circuit Court of Appeals declined to rule on the hotel owners' takings claims because the state Supreme Court had already decided the claims.

A San Diego County resident has lost a lawsuit that sought to force a developer to improve a private road that serves a new subdivision. The resident argued that under the Subdivision Map Act, San Diego County had to enforce its own laws that carry out the Map Act, including a code section addressing off-site road standards. But the Fourth District Court of Appeal ruled that the county had the authority to approve an exemption from those standards and had expressly exempted the subdivision.

Mitigation measures taken after the issuance of a mitigated negative declaration do not satisfy the California Environmental Quality Act, the Second District Court of Appeal has ruled. In a case involving a water district's proposal to cover a small reservoir in the unincorporated Santa Barbara County community of Summerland, the court also ruled that the district should have considered the project's potentially substantial impact to aesthetics.

A framework intended to guide all local general plans in San Diego County could be adopted as soon as June by the San Diego Association of Governments (SANDAG). Advocates of the framework say it has the potential to be one of the most effective regional plans ever devised in California.

The City of Morgan Hill's decision not to rezone the site of a closed hospital to allow for development of a private, Christian college has been upheld by the Ninth Circuit Court of Appeals. The Ninth Circuit ruled that the city did not run afoul of the federal Religious Land Use and Institutionalized Persons Act (RLUIPA), as San Jose Christian College had alleged.

A homebuilder's lawsuit over the City of Encinitas's fee scheme, which allowed the city building official to implement automatic fee changes, has been allowed to proceed. The Fourth District Court of Appeal ruled that even though the fees took effect years before the homebuilder paid them, the normal statute of limitations did not apply because the city made no provision for public review. >>read more

In a ruling directly at odds with a landmark 1995 decision, the Sixth District Court of Appeal has ruled that local government may not regulate the location of timber harvests.

A community college board's decision to close and demolish a shooting range, clean up lead contamination at the site and transfer shooting range operations to a new location amounts to a "project" that requires review under the California Environmental Quality Act (CEQA), the Fifth District Court of Appeal has ruled.

Neighbors of a Marin County rock quarry, which has been the source of complaints and government investigations for years, have failed in their bid to pursue a class action lawsuit against the quarry for allegedly illegal activities.

In a unanimous opinion, the state Supreme Court has ruled that a community service district's water connection charge and fire suppression charge are exempt from the restrictions of Proposition 218. The ruling was only the state high court's second in a Proposition 218 case, and in both instances, the court ruled for local government.

An appellate court has ruled against homeowners who sought to prevent Santa Monica City Council members from making inquiries of staff members other than the city manager. "An injunction to prevent such communication violates the First Amendment. The First Amendment protects everyone, even politicians," Justice Arthur Gilbert wrote for the unanimous three-judge panel of the Second District, Division Six.