CP&DR

SD County Zoning Ordinance Survives 2 Suits Mostly Intact

Nov 29, 2007

Adult businesses, CP&DR Staff, Legal Digest, San Diego County, Vol. 22 No. 12 Dec 2007

San Diego County's adult business ordinance has mostly survived two federal court challenges. In separate rulings, the Ninth U.S. Circuit Court of Appeals held that the ordinance's zoning provisions pass constitutional muster.

9th Circuit Cracks Door Open For Out-Of-State Property Owners

Nov 27, 2007

California, CP&DR Staff, Legal Digest, Takings, Vol. 22 No. 12 Dec 2007

The Ninth U.S. Circuit Court of Appeals has issued two takings decisions from outside California favorable to property owners.

Reluctant Remand Ruling Depublished

Nov 27, 2007

California Environmental Quality Act, CP&DR Staff, Legal Digest, Sacramento County, Vol. 22 No. 12 Dec 2007

The state Supreme Court and the Third District Court of Appeal appear to be feuding over a California Environmental Quality Act (CEQA) case concerning the water analysis for a 20,000-housing unit project in Rancho Cordova.

Big-Box Store, Road Realignment Constitute 1 Project, Court Rules

Nov 27, 2007

California, California Environmental Quality Act, CP&DR Staff, Legal Digest, Vol. 22 No. 12 Dec 2007

Development of a home improvement store and realignment of an adjacent road in Sonora constituted one project, and the combined activities should have been subject to a single environmental analysis, the Fifth District Court of Appeal has ruled.

Auditor Questions State's Flood Program Spending

Nov 21, 2007

California, CP&DR Staff, Featured Articles, Flood control, Vol. 22 No. 12 Dec 2007

The state Department of Water Resource (DWR) has received harsh criticism from State Auditor Elaine Howle for the department's administration of a flood protection corridor program. The auditor found that DWR lacked objective criteria for scoring applicants when it awarded $28 million in bond funds to five projects in 2001, and did not require mandated information from applicants when it awarded $29.1 million in 2003.

Election 2007: Palm Springs Voters Block Project; SF Supports 'Transit First'; Oregon Reverses Course

Nov 7, 2007

CP&DR Staff, Elections, Vol. 22 No. 12 Dec 2007

Voters in Palm Springs threw out a 10-year extension of a development agreement for a project on the side of Mt. San Jacinto during the November 6 election. Slightly more than 60% of voters said yes to the Measure C referendum, which called for setting aside the development agreement extension.

Cal Supremes Modify CEQA Ruling, Decline Housing Element Case

Oct 29, 2007

California Environmental Quality Act, CP&DR Staff, Legal Digest, San Francisco, Vol. 22 No. 11 Nov 2007

The state Supreme Court has modified its most recent California Environmental Quality Act ruling, but it rejected the losing side's request for a re-hearing.

City's Zoning Supercedes Easement For Equine Use, Court Determines

Oct 29, 2007

CP&DR Staff, Legal Digest, Los Angeles County, Vol. 22 No. 11 Nov 2007, Zoning

Local zoning trumps a valid easement, the Second District Court of Appeal has ruled. In a case from Los Angeles, the court determined that one property owner's easement on his neighbor's property was valid but unenforceable because it violated the zoning.

City May Not Grant Conditional Use In Lawsuit Settlement, Court Rules

Oct 29, 2007

CP&DR Staff, Legal Digest, Los Angeles County, Religious land uses, Vol. 22 No. 11 Nov 2007

A settlement agreement between the City of Los Angeles and an Orthodox Jewish congregation that permits operation of a synagogue in a residential district has been invalidated by the Ninth U.S. Circuit Court of Appeals.

Court Orders Landlord To Follow Project Mitigations Despite Ellis Act

Oct 29, 2007

California Environmental Quality Act, CP&DR Staff, Legal Digest, Los Angeles County, Vol. 22 No. 11 Nov 2007

A state law that permits landlords to go out of the rental business does not trump the California Environmental Quality Act, the Second District Court of Appeal has ruled.