CP&DR

City May Not Grant Conditional Use In Lawsuit Settlement, Court Rules

Oct 29, 2007

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

A settlement agreement between the City of Los Angeles and an Orthodox Jewish congregation that permits operation of a synagogue in a residential district has been invalidated by the Ninth U.S. Circuit Court of Appeals.

Court Orders Landlord To Follow Project Mitigations Despite Ellis Act

Oct 29, 2007

California Environmental Quality Act, CP&DR Staff, Legal Digest, Los Angeles County, Vol. 22 No. 11 Nov 2007

A state law that permits landlords to go out of the rental business does not trump the California Environmental Quality Act, the Second District Court of Appeal has ruled.

San Diego Wins High-Profile Eminent Domain Case

Oct 29, 2007

CP&DR Staff, Eminent domain, Legal Digest, San Diego County, Vol. 22 No. 11 Nov 2007

A San Diego merchant who has become one of the state's leading fighters against eminent domain has not only lost his appeal of a trial court decision upholding the taking of his shop, but he has also lost a $9 million award of compensation and attorneys' fees.

9th Circuit Rejects All Challenges To San Luis Obispo County Law

Oct 29, 2007

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

The Ninth U.S. Circuit Court of Appeals has dismissed a mobile home park owner's attempt to invalidate San Luis Obispo County's mobile home rent control ordinance.

Water Analysis Survives Court Scrutiny — But Only Briefly

Oct 16, 2007

California Environmental Quality Act, Legal Digest, Los Angeles County, Paul Shigley, Vol. 22 No. 11 Nov 2007

A water supply analysis for a proposed development in the Santa Clarita Valley has passed a California Environmental Quality Act test laid out earlier this year by the state Supreme Court. The Second District Court of Appeal ruled that the EIR for the West Creek project adequately addresses the likely availability of long-term water sources and the mitigation of a toxic pollutant in local wells.

No Subdivision Rules: Take That To The (Mitigation) Bank

Sep 24, 2007

CP&DR Staff, Endangered Species Act, Legal Digest, Vol. 22 No. 10 Oct 2007

The creation of a "land bank" and the subsequent sale of mitigation credits within the bank is not subject to requirements of the Subdivision Map Act, according to the attorney general's office.

What's A Business Worth? City Says Not Much; Court Disagrees

Sep 24, 2007

CP&DR Staff, Legal Digest, Los Angeles County, Redevelopment, Vol. 22 No. 10 Oct 2007

An appellate court has upheld the awarding of $200,000 for lost goodwill to a business owner whose shop was taken by the Inglewood Redevelopment Agency, even though the business had mostly lost money.

Highway 4 Dedication Demand Ruled Constitutional

Sep 24, 2007

Contra Costa County, CP&DR Staff, Legal Digest, Takings, Vol. 22 No. 10 Oct 2007

The requirement that two Antioch property owners dedicate land for a new highway bypass when they develop their property is constitutional, the First District Court of Appeal has ruled.

Billboard Company's Lawsuit Tossed For Lack Of Standing

Sep 24, 2007

California Environmental Quality Act, CP&DR Staff, Legal Digest, Los Angeles County, Vol. 22 No. 10 Oct 2007

A billboard company may not bring a California Environmental Quality Act lawsuit over the City of West Hollywood's amended sign ordinance, the Second District Court of Appeal has ruled.

Court Smacks Down EIR Request And Other Court's Different Ruling

Sep 24, 2007

California Environmental Quality Act, CP&DR Staff, Legal Digest, Los Angeles County, Vol. 22 No. 10 Oct 2007

A new environmental impact report is not required for a drastically modified high-rise project proposed in downtown Los Angeles, because there is substantial evidence that a 2005 addendum to a 1989 EIR was sufficient, the Second District Court of Appeal has ruled.

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