CP&DR

Government Property Acquisition Costs May Rise

Jul 13, 2009

CP&DR Staff, Eminent domain, Legal Digest, Los Angeles County, Vol. 24 No. 08 Jul 2009 - 2

A state appellate court has issued a ruling in an eminent domain case that could have expensive ramifications for government agencies. The court ruled that a business owner isn't required to have a written lease in order to seek compensation for lost goodwill resulting from a government taking of property.

Court Exempts Church From Historic Landmark Process

Jul 9, 2009

CP&DR Staff, Historic preservation, Legal Digest, San Francisco, Vol. 24 No. 08 Jul 2009 - 2

A state appellate court has blocked San Francisco from considering an historical landmark designation for a 98-year-old church building. The court ruled that, under state law, the building is exempt from local regulations to protection historic landmarks. >>read more

County Attorney Guidance Withheld From Project Opponents

Jul 1, 2009

California Environmental Quality Act, CP&DR Staff, Legal Digest, Tehama County, Vol. 24 No. 07 Jul 2009 - 1

Tehama County did not have to disclose publicly advice it received from an outside law firm on how to comply with the California Environmental Quality Act while dealing with a controversial development project, the Third District Court of Appeal has ruled. The unanimous three-judge panel ruled that the four documents were protected by attorney-client privilege or work product privilege, even though Tehama County shared the documents with the project's developer.

Prop 218 Challenge To Pomona BID Assessments Rejected

Jun 24, 2009

CP&DR Staff, Legal Digest, Local government finance, Los Angeles County, Vol. 24 No. 07 Jul 2009 - 1

Property assessments levied to fund the downtown Pomona Property and Business Improvement District did not violate Proposition 218, the Second District Court of Appeal has ruled for a second time.

No EIR Needed For Warehouse Covered By Specific Plan, Court Rules

Jun 24, 2009

California Environmental Quality Act, CP&DR Staff, Legal Digest, Riverside County, Vol. 24 No. 07 Jul 2009 - 1

Approval of an 88-acre warehouse distribution facility at March Air Reserve Base was exempt from environmental review because the project was included in a general plan and a specific plan, both of which received environmental analysis, the Fourth District Court of Appeal has ruled.

State High Court Clears Way For Proposition 218 Challenge

Jun 17, 2009

Legal Digest, Local government finance, Marin County, Paul Shigley, Vol. 24 No. 07 Jul 2009 - 1

For the second time in less than a year, the California Supreme Court has ruled for individual property owners contesting local government assessments, opening the door for future challenges based on Proposition 218.

Lawsuit Over San Clemente Homes Reinstated

Jun 1, 2009

Coastal development, CP&DR Staff, Legal Digest, Orange County, Vol. 24 No. 06 Jun 2009

Opponents of the proposed construction of two houses on a coastal bluff in San Clemente may pursue their lawsuit to overturn the California Coastal Commission's approval of the projects, even though the suit was filed after a statute of limitations had ostensibly expired, the Fourth District Court of Appeal has ruled.

Cabaret Loses 1st Amendment Argument Over Use Permit

May 28, 2009

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

A state appellate court has upheld the City of Los Angeles's refusal to grant a conditional use permit for the sale and on-site consumption of alcohol at an adult cabaret. The court ruled that the decision to deny the permit strictly concerned alcohol and did not prohibit the expression of protected speech.

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.

Charter Cities Dodge Prevailing Wage Law

May 19, 2009

Legal Digest, Paul Shigley, San Diego County, Vol. 24 No. 06 Jun 2009

A charter city does not have to comply with California's prevailing-wage law if its public works projects are financed exclusively with city revenues, a divided three-judge panel of the Fourth District Court of Appeal has ruled. The reason: The state law "does not touch upon matters of statewide concern sufficient to outweigh the power of charter cities over their municipal affairs," Justice Patricia Benke wrote for the court's majority.

Articles