CP&DR

Landowner's Defamation Suit Against Elected Official Advances

Apr 17, 2008

CP&DR Staff, Legal Digest, Rent control, San Diego County, Vol. 23 No. 05 May 2008

The Ninth U.S. Circuit Court of Appeals has permitted a property owner's defamation lawsuit against a San Diego County supervisor to go forward.

A divided three-judge panel overturned a lower court's ruling that Manufactured Home Communities' lawsuit against Supervisor Dianne Jacob was a SLAPP suit. The Ninth Circuit determined that a jury could find some of Jacob's challenged statements were "actionable as provably false assertions of fact."

Fresno Directed to Reconsider Whether Buildings are Historic

Apr 4, 2008

California Environmental Quality Act, CP&DR Staff, Fresno County, Legal Digest, Vol. 23 No. 04 Apr 2008

The City of Fresno cut short its inquiry into the historic significance of two apartment buildings, one of which is proposed for demolition, the Fifth District Court of Appeal has ruled.

Election Law Declared Invalid, San Clemente Referendum Proceeds

Apr 4, 2008

CP&DR Staff, Legal Digest, Orange County, Vol. 23 No. 04 Apr 2008

Voters in the City of San Clemente will decide on a building height and view ordinance, thanks to a state appellate court ruling regarding signature gathering for a referendum of the ordinance.

Trial Court Told to Reconsider Injuction Against LAUSD Project

Apr 4, 2008

CP&DR Staff, Legal Digest, Los Angeles County, School and university planning, Vol. 23 No. 04 Apr 2008

The Second District Court of Appeal has ruled that a lower court erroneously rejected an injunction requested by a community group that is seeking to prevent construction of a new school in Los Angeles's Echo Park area.

Eminent Domain Valuation Case Depublished

Mar 31, 2008

CP&DR Staff, Eminent domain, Legal Digest, San Diego County, Vol. 23 No. 04 Apr 2008

The California Supreme Court has depublished an eminent domain case from San Diego County on the question of when to value property taken by the government.

State Supreme Court Accepts Clean Water Act Case

Mar 31, 2008

Clean Water Act, CP&DR Staff, Legal Digest, Monterey County, Vol. 23 No. 04 Apr 2008

The state Supreme Court has accepted for review a Clean Water Act case involving a power plant along the Monterey County coast.

Park Districts Take Land Sale Ruling To State Supreme Court

Mar 21, 2008

Legal Digest, Parks and open space, Paul Shigley, Riverside County, Vol. 23 No. 04 Apr 2008

The California Supreme Court has accepted a case of considerable importance to regional park and open space districts. The court will review a decision by the Fourth District Court of Appeal, which ruled that the Riverside County Regional Park and Open Space District could not sell about 80 acres to a community college district without voter approval.

Park districts say the Fourth District ruling, if upheld, would require districts to conduct elections not only for the sale of land, but also for routine matters such as land transfers and boundary adjustments. One upshot would be a reluctance to acquire new parkland, the districts warn.

Local Coastal Program Limits State Commission's Authority

Mar 17, 2008

California, CP&DR Staff, Legal Digest, Vol. 23 No. 04 Apr 2008

The Coastal Commission's ability to prevent development by designating environmentally sensitive habitat areas appears to depend on the existence of a certified local coastal program (LCP).

In a case from Sand City, the First District Court of Appeal said the Coastal Commission could not overturn Sand City's approval of a 495-unit housing project based on the Commission's conclusion that the site is an environmentally sensitive habitat area (ESHA). The court said that because Sand City's LCP did not designate the site as ESHA, the Commission could not do so during an appeal of the housing project. However, in a case from Los Angeles County, the Second District Court of Appeal ruled that the Commission could reject a landowner's coastal development permit in part because the site is not covered by a certified LCP.

Large Open Space District Annexation Upheld

Mar 13, 2008

CP&DR Staff, Legal Digest, Parks and open space, San Mateo County, Vol. 23 No. 04 Apr 2008

A controversial 225-square-mile annexation of territory in San Mateo County by the Midpeninsula Regional Open Space District has been upheld by the First District Court of Appeal. The court rejected annexation opponents' arguments that the San Mateo County Local Agency Formation Commission's approval of the annexation was flawed.

State, Environmentalists Both Lose Appeals Of Power Plant Decision

Feb 28, 2008

Clean Water Act, CP&DR Staff, Legal Digest, Monterey County, Vol. 23 No. 03 Mar 2008

In an extremely long and complex opinion, the Sixth District Court of Appeal has upheld water discharge permits for Duke Energy's Moss Landing power plant.

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