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.

Pleasanton Housing Element Lawsuit May Proceed

Aug 28, 2008

Alameda County, Housing, Legal Digest, Paul Shigley, Vol. 23 No. 09 Sep 2008

A lawsuit challenging the City of Pleasanton's housing policies has been reinstated by the First District Court of Appeal after a trial court judge had ruled the lawsuit was filed too late. The unanimous three-judge appellate panel determined the statute of limitations for the lawsuit had not expired. The court concluded housing advocates had at least three years to sue the city.

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.

State High Court Strikes Down Open Space Assessment

Jul 30, 2008

Legal Digest, Local government finance, Paul Shigley, Santa Clara County, Vol. 23 No. 08 Aug 2008

A property assessment to fund open space acquisitions in Santa Clara County has been invalidated by the state Supreme Court, which ruled that the assessment violated Proposition 218.

The court found that the assessment on 314,000 parcels spread across 800 square miles provided only general benefits and was therefore a special tax that should have gone before voters. The unanimous court said that property owner's 2001 approval of the Santa Clara County Open Space Authority (OSA) assessment was not legal under the state constitution.

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.

State High Court Invalidates Logger's 'No Surprises' Guarantee

Jul 22, 2008

CP&DR Staff, Endangered Species Act, Humboldt County, Legal Digest, Vol. 23 No. 08 Aug 2008

A logging plan and endangered species permit that were part of the Headwaters Forest deal approved by the state in 1999 have been invalidated by the state Supreme Court. The court set important precedents by rejecting both a "sustained yield plan" and an "incidental take" permit held by Pacific Lumber Company.

After 8 Years, Second Unit Ordinance Case May Conclude

Jul 22, 2008

CP&DR Staff, Housing, Legal Digest, Santa Cruz County, Vol. 23 No. 08 Aug 2008

A case involving Santa Cruz County's second unit ordinance has been returned to the Sixth District Court of Appeal by the state Supreme Court because the county has amended the ordinance.

The county has asked the court to dismiss the case entirely because the county has eliminated the ordinance provisions in question, Deputy County Counsel Dwight Herr said. Those provisions dictate rent levels and who may occupy a second unit.

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