CP&DR

Social Justice Advocates Make Case For Annexation

Nov 9, 2009

Central Valley, Legal Digest, Paul Shigley, Stanislaus County, Vol. 24 No. 15 Nov 2009 - 1

The Ninth U.S. Circuit Court of Appeals has given new life to a lawsuit alleging that the City of Modesto and Stanislaus County discriminated against four predominately Latino communities.

Lengthy Capitola Litigation Returned To District Court

Nov 9, 2009

CP&DR Legal Digest, Legal Digest, Santa Cruz County, Takings, Vol. 24 No. 15 Nov 2009 - 1

he Ninth U.S. Circuit Court of Appeals continues to crack open the door to property owners seeking compensation for what they claim is a government taking. In its most recent decision, the court ruled that the owner of a rent-controlled mobile home park in Capitola should have its day in federal District Court. This despite the fact that the U.S. District Court and two state courts ruled that a state court decision against the property owner should have settled the matter.

Rent-Controlled Landlords Break Through In Ninth Circuit

Oct 22, 2009

CP&DR Staff, Legal Digest, Santa Barbara County, Takings, Vol. 24 No. 14 Oct 2009 - 2

In the first decision of its kind, a divided Ninth U.S. Circuit Court of Appeals panel has declared that the City of Goleta's mobile home rent control ordinance constitutes a regulatory taking.

Air District Fee On New Development Upheld

Oct 21, 2009

Development impact fees, Legal Digest, Paul Shigley, Vol. 24 No. 14 Oct 2009 - 2

An air pollution fee levied on new development in the San Joaquin Valley has been upheld by the Fifth District Court of Appeal. In rejecting all arguments presented by the California Building Industry Association and its allies, the court concluded that the San Joaquin Valley Air Pollution Control District fee is not bound by restrictions in the Mitigation Fee Act and is a properly adopted regulatory fee.

Medical Marijuana Dispensary Moratorium Upheld

Oct 7, 2009

CP&DR Staff, Legal Digest, Los Angeles County, Vol. 24 No. 13 Oct 2009 - 1, Zoning

The City of Claremont's moratorium on dispensaries of medical marijuana and a Superior Court injunction shuttering a dispensary have been upheld by the Second District Court of Appeal.

City Permitted To Reject Potentially Feasible Project Alternatives

Oct 7, 2009

California Environmental Quality Act, CP&DR Staff, Legal Digest, Santa Cruz County, Vol. 24 No. 13 Oct 2009 - 1

A city may determine that project alternatives once considered potentially feasible for California Environmental Quality Act analysis are infeasible as actual projects, the Sixth District Court of Appeal has ruled.

Disapproved Project Doesn't Need EIR, Court Rules

Oct 7, 2009

California Environmental Quality Act, CP&DR Staff, Legal Digest, Los Angeles County, Vol. 24 No. 13 Oct 2009 - 1

The City of Los Angeles had no obligation under the California Environmental Quality Act to complete an environmental impact report for a project that it had rejected, the Second District Court of Appeal has ruled.

The court dismissed all arguments put forward by the developer of the 555-acre Las Lomas project at the junction of Interstate 5 and Highway 14. "[I]f an agency at any time decides not to proceed with a project," the court said, "CEQA is inapplicable from that time forward."

First Opinion Published On CEQA Energy Analysis

Oct 5, 2009

California Environmental Quality Act, Legal Digest, Paul Shigley, San Joaquin County, Vol. 24 No. 13 Oct 2009 - 1

A city may determine that a project has no significant effects on energy consumption if it exceeds the California Building Energy Efficiency Standards, the Third District Court of Appeal has ruled. The ruling appears to be the first on an environmental impact report's analysis of how a project might affect energy use, an area of the California Environmental Quality Act receiving increased attention because of concerns about climate change.

9th Circuit Reinstates Kern County Sludge Ban

Sep 18, 2009

Initiatives and referendums, Kern County, Legal Digest, Paul Shigley, Vol. 24 No. 12 Sep 2009 - 2

A Kern County voter initiative prohibiting the disposal of sewage sludge on fields in the county has new life. The Ninth U.S. Circuit Court of Appeals overturned a federal District Court judge's ruling that the initiative violated the United States constitution's commerce clause.

State Supreme Court Accepts Prevailing Wage Case

Sep 2, 2009

CP&DR Staff, Legal Digest, San Diego County, Vol. 24 No. 11 Sep 2009 - 1

The state Supreme Court will review an appellate court ruling that California's prevailing wage law does not apply to a charter city's public works projects that are funded exclusively with city revenues.

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