CP&DR

District Attorney Blocked From Suing Pacific Lumber

Jan 14, 2008

CP&DR Staff, Humboldt County, Legal Digest, Logging, Vol. 23 No. 02 Feb 2008

The Humboldt County district attorney cannot sue Pacific Lumber Company for allegedly submitting false information during the state's processing of an environmental impact report and sustainable logging plan, the First District Court of Appeal has ruled.

The court ruled that the district attorney's lawsuit was blocked by a section of the state Civil Code and by the Noerr-Pennington doctrine, which protects lobbying and petitioning activities. The court did not rule on the legitimacy of Pacific Lumber's allegedly fraudulent statements.

Court Says Commercial Activity Not Protected by Federal Law

Dec 27, 2007

CP&DR Staff, Legal Digest, Los Angeles County, Religious land uses, Vol. 23 No. 01 Jan 2008

A federal law protecting religious institutions from land use regulations does not extend to a Masonic Temple operated for commercial purposes, the Second District Court of Appeal has ruled.

Land Use Measures Kept Off Ballots In San Mateo, Riverside

Dec 18, 2007

Ballot Measures, CP&DR Staff, Initiatives and referendums, Legal Digest, Vol. 23 No. 01 Jan 2008

Proponents of placing land use ballot measures before voters in San Mateo and Riverside have lost separate appellate court rulings.

SD County Zoning Ordinance Survives 2 Suits Mostly Intact

Nov 29, 2007

Adult businesses, CP&DR Staff, Legal Digest, San Diego County, Vol. 22 No. 12 Dec 2007

San Diego County's adult business ordinance has mostly survived two federal court challenges. In separate rulings, the Ninth U.S. Circuit Court of Appeals held that the ordinance's zoning provisions pass constitutional muster.

9th Circuit Cracks Door Open For Out-Of-State Property Owners

Nov 27, 2007

California, CP&DR Staff, Legal Digest, Takings, Vol. 22 No. 12 Dec 2007

The Ninth U.S. Circuit Court of Appeals has issued two takings decisions from outside California favorable to property owners.

Reluctant Remand Ruling Depublished

Nov 27, 2007

California Environmental Quality Act, CP&DR Staff, Legal Digest, Sacramento County, Vol. 22 No. 12 Dec 2007

The state Supreme Court and the Third District Court of Appeal appear to be feuding over a California Environmental Quality Act (CEQA) case concerning the water analysis for a 20,000-housing unit project in Rancho Cordova.

Big-Box Store, Road Realignment Constitute 1 Project, Court Rules

Nov 27, 2007

California, California Environmental Quality Act, CP&DR Staff, Legal Digest, Vol. 22 No. 12 Dec 2007

Development of a home improvement store and realignment of an adjacent road in Sonora constituted one project, and the combined activities should have been subject to a single environmental analysis, the Fifth District Court of Appeal has ruled.

Cities Successfully Defend Billboard Regulations

Nov 19, 2007

California, Legal Digest, Paul Shigley, Signs and billboards, Vol. 22 No. 12 Dec 2007

Billboard ordinances in five cities have survived constitutional challenges, as the Ninth U.S. Circuit Court of Appeal has rejected claims filed by three billboard companies. In three published decisions, the Ninth Circuit upheld billboard regulations in San Diego, Beaumont and Oakland. In unpublished memoranda, the court upheld regulations in Chula Vista and Lemon Grove.

Cal Supremes Modify CEQA Ruling, Decline Housing Element Case

Oct 29, 2007

California Environmental Quality Act, CP&DR Staff, Legal Digest, San Francisco, Vol. 22 No. 11 Nov 2007

The state Supreme Court has modified its most recent California Environmental Quality Act ruling, but it rejected the losing side's request for a re-hearing.

City's Zoning Supercedes Easement For Equine Use, Court Determines

Oct 29, 2007

CP&DR Staff, Legal Digest, Los Angeles County, Vol. 22 No. 11 Nov 2007, Zoning

Local zoning trumps a valid easement, the Second District Court of Appeal has ruled. In a case from Los Angeles, the court determined that one property owner's easement on his neighbor's property was valid but unenforceable because it violated the zoning.

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