CP&DR

Antenna Zoning Gets New Hearing

May 30, 2008

CP&DR Staff, Legal Digest, San Diego County, Telecommunications antennas, Vol. 23 No. 06 Jun 2008

A Ninth U.S. Circuit of Appeals ruling striking down San Diego County's ordinance regulating cell phone antenna location and appearance has been set aside, and the case will be reconsidered by the court.

Apartment Investors' Suit Against HCD Permitted To Go Forward

May 30, 2008

CP&DR Staff, Legal Digest, Sacramento County, Vol. 23 No. 06 Jun 2008

The owner of an affordable apartment complex in Sacramento may pursue a breach of contract lawsuit against the state Department of Housing and Community Development over a rent increase that the state rejected, the Third District Court of Appeal has ruled.

Cal Supremes Throw Out Award Of Damages To Strip Club

May 20, 2008

Adult businesses, CP&DR Stafaf, Legal Digest, San Bernardino County, Vol. 23 No. 06 Jun 2008

A $1.4 million award of damages to the owners of a San Bernardino adult cabaret has been thrown out by the state Supreme Court. In a unanimous ruling, the state high court said that an appellate court had answered the wrong question when it decided the City of San Bernardino was liable for Flesh Club's expenses and lost income during a 53-month period when the cabaret was shut down.

Challenge To Water Supply Assessment Must Wait For EIR, Court Rules

May 19, 2008

CP&DR Staff, Legal Digest, Los Angeles County, Vol. 23 No. 06 Jun 2008, Water

A water supply assessment provided by a water agency for a proposed development project is not subject to legal scrutiny until it becomes part of an environmental impact report, the Second District Court of Appeal has ruled.

CEQA Exemption Rejected Because Of Historic Resources

May 19, 2008

California Environmental Quality Act, CP&DR Staff, Legal Digest, Los Angeles County, Vol. 23 No. 06 Jun 2008

A fence atop an historic wall in the Hollywood Hills is not exempt from environmental review, the Second District Court of Appeal has ruled.

The court found that the City of Los Angeles did not have enough evidence supporting the California Environmental Quality Act exemption to shift the burden of proof to project opponents. Rather, the court directed the city to conduct an initial study to determine the appropriate level of environmental review.

Requests For Public Agency Emails Cost Landowner

Apr 30, 2008

California Environmental Quality Act, Legal Digest, Marin County, Paul Shigley, Vol. 23 No. 05 May 2008

A property owner that lost a California Environmental Quality Act suit against the City of San Rafael has been told to pay the city for costs incurred recovering emails related to the property and a proposed development project.

Environmental Review Cases Stack Up At State High Court

Apr 30, 2008

California, California Environmental Quality Act, CP&DR Staff, Legal Digest, Vol. 23 No. 05 May 2008

The state Supreme Court has accepted a case involving the baseline for an environmental impact report of a Southern California oil refinery project. The decision to accept the case means the state high court now has four California Environmental Quality Act (CEQA) cases pending.

Grand Terrace Ordered To Prepare EIR For Senior Housing

Apr 30, 2008

California Environmental Quality Act, CP&DR Staff, Legal Digest, San Bernardino County, Vol. 23 No. 05 May 2008

An environmental impact report is necessary for a 120-unit senior housing facility in the City of Grand Terrace, the Fourth District Court of Appeal has ruled. The unanimous three-judge appellate panel upheld a trial court judge's ruling that a mitigated negative declaration for the project was inadequate.

Eminent Domain: Value Based On Actual, Not Hypothetical, Use

Apr 22, 2008

Alameda County, CP&DR Staff, Eminent domain, Legal Digest, Vol. 23 No. 05 May 2008

A hypothetical or speculative use of property is not a proper basis for determining damages caused by a city's temporary construction easement, the First District Court of Appeal has ruled.

The unanimous three-judge appellate panel overturned a jury's decision to award a Fremont homeowner $195,000 in temporary severance damages. The First District ruled that the trial court judge improperly permitted the jury to consider compensation for hypothetical — rather than actual — injuries.

Environmental Groups Win Legal Fees In Delta Litigation

Apr 22, 2008

California, CP&DR Staff, Legal Digest, Sacramento-San Joaquin River Delta, Vol. 23 No. 05 May 2008

In a potentially important decision for environmental advocates, the Third District Court of Appeal has ruled that environmental groups are eligible for attorney's fees in a Bay-Delta water lawsuit, even though public agencies won similar litigation.

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