CP&DR

Second Statute Of Limitations Case Reached State High Court

Sep 4, 2008

California, California Environmental Quality Act, CP&DR Staff, Legal Digest, Vol. 23 No. 09 Sep 2008

The California Supreme Court has accepted a second case involving the California Environmental Quality Act's statute of limitations.

Air Base Compatibility Plan Upheld Over Developer's Objection

Sep 4, 2008

CP&DR Staff, Legal Digest, Solano County, Vol. 23 No. 09 Sep 2008, Zoning

An appellate court has upheld an airport land use compatibility plan that a Solano County landowner argued was overly restrictive.

The court rejected the landowner's contention that Solano County's Travis Air Force Base Land Use Compatibility Plan (TALUP) was inconsistent with an Air Force plan because the TALUP used a tighter noise threshold and assumed greater airport use than did the Air Force. The court found nothing in state law that prevented the country from being more restrictive of growth around an airport.

County Abatement Proceedings Withstand Landowner's Challenge

Sep 4, 2008

Contra Costa County, CP&DR Staff, Legal Digest, Takings, Vol. 23 No. 09 Sep 2008

A Contra Costa County order directing a water ski club to remove 28 unpermitted dwelling units plus docks and accessory structures has been upheld by the First District Court of Appeal.

Despite the fact that some of the structures have been in place for 40 years, the county has the authority to order their removal, the court ruled. The court rejected the ski club's argument that the abatement order was a taking of private property and violation of constitutional rights, and the court denied the club's request to limit the county's abatement order.

In Brief: VTA Gets On The Right Track

Sep 3, 2008

California, CP&DR Staff, In Brief, Vol. 23 No. 09 Sep 2008

In this month's roundup: The state auditor says the Santa Clara Valley Transportation Authority is making strides; the state auditor releases the third report in a series on the plan to build a new death row at San Quentin; the largest deslination project in the country has received final approval; Hercules tries to grow smart; L.A. bans fast-food in the inner city.

Loma Linda Referendums Cleared For Ballot

Aug 27, 2008

CP&DR Staff, Featured Articles, Initiatives and referendums, San Bernardino County, Vol. 23 No. 09 Sep 2008

Two referendums of large housing projects in the City of Loma Linda have been reinstated by the Fourth District Court of Appeal. The court overturned a Superior Court judge's decision to pull the referendums from the June 2006 ballot because referendum petitions failed to contain the full text of challenged ordinances. The Fourth District found the petitions to be legally adequate, clearing the referendums to appear on ballots in 2009.

Academics Recommend Proposition 13 Alternatives

Aug 26, 2008

California, CP&DR Staff, Featured Articles, Local government finance, Vol. 23 No. 09 Sep 2008

Calling Proposition 13, "deeply flawed," a new report by the Lincoln Institute of Land Policy recommends entirely new approaches to property tax relief.

Big Bear Lake Developer Wins Huge Reversal

Aug 19, 2008

Clean Water Act, CP&DR Staff, Legal Digest, San Bernardino County, Vol. 23 No. 09 Sep 2008

A federal judge's ruling blocking development of a controversial condominium project on the shore of Big Bear Lake has been thrown out by the Ninth U.S. Circuit Court of Appeals.

The Ninth Circuit ruled that the district court had no jurisdiction to consider alleged Clean Water Act violations because environmental groups' notices to the developer regarding potential violations of the act were inadequate and federal agencies were already forcing corrective action. The Ninth Circuit further rejected alleged violations of the Endangered Species Act as both bogus and moot.

Airport Closure Is 'Project' For CEQA Purposes

Aug 8, 2008

California Environmental Quality Act, CP&DR Staff, Legal Digest, Sacramento County, Vol. 23 No. 09 Sep 2008

Denial of a conditional use permit renewal is a "project" requiring review under the California Environmental Quality Act, the Third District Court of Appeal has determined. The court ruled for the owner of an airport in Sacramento County whose application for a conditional use permit (CUP) renewal was denied by the county Board of Supervisors without any environmental review.

Map's Expiration Doesn't Force New CEQA Study, Court Rules

Jul 29, 2008

California Environmental Quality Act, CP&DR Staff, Humboldt County, Legal Digest, Vol. 23 No. 08 Aug 2008

A proposed subdivision that undergoes environmental review and receives approval does not become a new project for California Environmental Quality Act purposes merely because the local government's approval expires and a new subdivision map is submitted, the First District Court of Appeal has ruled.

In Brief: Court Halts Stormwater Regulations

Jul 29, 2008

CP&DR Staff, In Brief, Vol. 23 No. 08 Aug 2008

In this month's roundup of news from around the state: A Los Angeles judge has toss out water quality officials' regional plan; researchers recommend building a peripheral canal; Whittier halts the expansion of hookah bars; and Temecula gets tough on owners of foreclosed houses.