CP&DR

Husband-To-Wife Title Transfer Doesn't Halt Forced Lot Merger

Aug 6, 2007

Alameda County, CP&DR Staff, Legal Digest, Subdivision Map Act, Vol. 22 No. 08 Aug 2007

The owner of two parcels that the City of Berkeley wants to merge may not avoid the merger with a paper transfer of title to his wife, the First District Court of Appeal has ruled. However, the court stopped short of canceling the grant deed, ruling only that the city may be entitled to an injunction prohibiting further transfer of the property title.

Court OKs Spending Of Building Permit Fees On Planning

Jul 24, 2007

General plans, Legal Digest, Paul Shigley, San Francisco, Vol. 22 No. 08 Aug 2007

San Francisco's practice of using building permit fees to fund long-range planning has been upheld by the First District Court of Appeal. The court rejected arguments that the fee plan violated Proposition 13 and the city charter. Instead, the court ruled that long-range planning is sufficiently related to the regulation of building construction to justify the spending.

U.S. Supremes Decide on Liability

Jun 29, 2007

California, CP&DR Staff, Environmental justice, Legal Digest, Vol. 22 No. 07 Jul 2007

The U.S. Supreme Court has changed course on liability for the cleanup of contaminated properties under the Superfund law. In a unanimous decision, the court ruled that a private party undertaking voluntary environmental cleanup can sue another "potentially responsible party" to recover cleanup costs.

State Supremes Depublish Opinion On Water Analysis Case

Jun 29, 2007

CP&DR Staff, Legal Digest, Legislation, Monterey County, Vol. 22 No. 07 Jul 2007

The state Supreme Court has depublished a Sixth District Court of Appeal opinion in a case involving the water analysis for a 28-lot subdivision in northern Monterey County.

State Supreme Court Accepts Cases

Jun 29, 2007

California, CP&DR Staff, Legal Digest, Legislation, Vol. 22 No. 07 Jul 2007

The California Supreme Court has recently accepted for review three land use cases, including the court's fifth California Environmental Quality Act (CEQA) case since 2003.

Court Allows Permit Enforcement Despite No Sanctions For 18 Years

Jun 29, 2007

CP&DR Staff, Legal Digest, Legislation, Monterey County, Vol. 22 No. 07 Jul 2007

The Coastal Commission had the authority to order removal of a private, three-hole golf course that violated development permit conditions, even though the course was in place for 18 years before the Commission took action, the Sixth District Court of Appeal has ruled.

Understated Project Description And Impacts Prompt EIR Rejection

Jun 29, 2007

California Environmental Quality Act, CP&DR Staff, Legal Digest, Merced County, Vol. 22 No. 07 Jul 2007

The environmental impact report for an aggregate mine expansion in Merced County has been invalidated by an appellate court because the document's description of the project was "curtailed and shifting," water and traffic impacts were understated, baseline assumptions were not identified and mitigation measures were deferred.

High Court Limits Endangered Species Protections

Jun 28, 2007

Endangered Species Act, Kenneth Jost, Legal Digest, Vol. 22 No. 08 Aug 2007

WASHINGTON _ Home builders are praising and environmentalists criticizing the Supreme Court's decision allowing states to administer water pollution permitting programs without complying with a key provision in the federal Endangered Species Act.

CEQA Exemption Is 'Common Sense,' Says High Court

Jun 22, 2007

California Environmental Quality Act, Legal Digest, Paul Shigley, Solano County, Vol. 22 No. 07 Jul 2007

The California Supreme Court has ruled that an airport land use compatibility plan qualifies for a "common sense" exemption from the California Environmental Quality Act.

Perhaps more importantly, the court opened the door for the first time to the idea that displacement of development — often an arguable consequence of a plan that favors one type of development over another — might be an issue that should be analyzed under CEQA.

Cal Supremes Bolster Local Zoning Authority

Jun 12, 2007

Kings County, Legal Digest, Paul Shigley, Vol. 22 No. 07 Jul 2007, Zoning

A unanimous California Supreme Court has upheld a local zoning ordinance that regulates who may sell furniture. The decision appears to bolster local zoning decisions that have come under attack from developers and retailers, especially those promoting big-box stores.

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