CP&DR

High Court Eases Regional Park District Property Disposal

May 27, 2009

CP&DR Staff, Legal Digest, Parks and open space, Riverside County, Vol. 24 No. 06 Jun 2009

The California Supreme Court has reversed an appellate court ruling that regional park and open-space districts said would have greatly diminished their ability to acquire and manage land. The court said that a regional park and open-space district can dispose of property if it has not officially declared – such as by adopting a resolution – that the property is "dedicated" for use as a park and open space.

Golf Course Built Without Permits Faces Uncertain Future

May 27, 2009

California, CP&DR Staff, In Brief, Vol. 24 No. 06 Jun 2009

In this month's roundup of land use news, both the developer of a Calaveras County golf course built without permits and the county must decide how to proceed after supervisors refused to approve the project after-the-fact; the Obama administation has reversed a controverial Bush-era Endangered Species Act rule; a conservation plan for an endangered salamander in Sonoma County has died; developer DMB Associates has announced it is abandoning a new town proposal in San Benito County but has a new 12,000-unit project in Redwood City; and a whistleblower lawsuit over redwoods logging has been settled.

Morgan Hill Voters Endorse Downtown Development

May 20, 2009

CP&DR Staff, Downtown planning, Elections, Santa Clara County, Vol. 24 No. 06 Jun 2009

Voters in the Santa Clara County city of Morgan Hill have changed their minds and approved a growth control modification to permit additional housing development in the downtown area. Measure A keeps in place Morgan Hill's population cap of 48,000 by 2020, but permits 500 more units downtown than had been allowed.

Rent Control Of Replacement Units Upheld

May 13, 2009

CP&DR Staff, Legal Digest, Los Angeles County, Rent control, Vol. 24 No. 06 Jun 2009

A City of Los Angeles ordinance that subjects replacement rental units to the city's rent control scheme has been upheld by the Second District Court of Appeal. The court rejected the argument that the ordinance violates the Costa-Hawkins Act, which exempts newly constructed units from local rent control measures. >>read more

Court Clears Water District Consolidation Process

May 12, 2009

CP&DR Staff, Legal Digest, San Bernardino County, Vol. 24 No. 06 Jun 2009, Water

The San Bernardino Local Agency Formation Commission may proceed with the proposed consolidation of two water districts, the Second District Court of Appeal has ruled. The court rejected the argument of one district that the proposed consolidation is not subject to the Cortese-Knox-Hertzberg Government Reorganization Act and that the consolidation is actually a dissolution.

L.A. Density Bonus Law Struck Down

Apr 29, 2009

CP&DR Staff, Housing, In Brief, Los Angeles County, Vol. 24 No. 05 May 2009

The City of Los Angeles's closely watched density bonus ordinance has been struck down because the city did not subject the ordinance to California Environmental Quality Act (CEQA) review.

Diamond Bar Settles With Industry On Football Stadium

Apr 28, 2009

CP&DR Staff, In Brief, Los Angeles County, Stadiums and arenas, Vol. 24 No. 05 May 2009

The City of Diamond Bar has reached an agreement with the neighboring City of Industry regarding development of a proposed pro football stadium in Industry.

Another Antiquated Subdivision Map Rejected

Apr 23, 2009

CP&DR Staff, Legal Digest, Solano County, Subdivision Map Act, Vol. 24 No. 05 May 2009

In the third decision in an emerging line of cases regarding antiquated subdivisions, an appellate court has refused to recognize the legality of a parcel shown on a 1909 subdivision map. The First District Court of Appeal ruled the Solano County map did not satisfy the requirements of the Subdivision Map Act's grandfather clause because the law in effect in 1909 did not address the "design and improvement" of subdivisions.

In Brief: Neighboring City Sues Over Football Stadium

Mar 31, 2009

CP&DR Staff, In Brief, Vol. 24 No. 04 Apr 2009

In this month's roundup of land use news: The City of Walnut sues the neighboring City of Industry over the environmental review for a proposed professional football stadium; Loma Linda officially kills two unpopular projects; Forest City leaves Fresno; The Center for Biological Diversity opens a new climate law institute; the state auditor applauds bond spending safeguards, but questions real estate policies.

Court Sides With Butte County In Flood Control Suit

Mar 31, 2009

Butte County, CP&DR Staff, Legal Digest, Takings, Vol. 24 No. 04 Apr 2009

A Butte county landowner who claimed that flood control measures undertaken and approved by Butte County amounted to inverse condemnation had all of his arguments rejected by the Third District Court of Appeal. The court ruled that the strict liability standard that applies in most inverse condemnation cases does not apply in the flood control context. Instead, the court determined a rule of reasonableness applied to the claims, and the landowner did not prove that the county acted unreasonably.

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