CP&DR

Escondido Is Off The Hook For Improper Housing Set-Aside

Sep 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 09 Sep 2003

An appellate court has overturned a Superior Court decision requiring the City of Escondido to reimburse the city redevelopment agency's housing fund for 13 years worth of underpayments. The appellate panel instead ruled that, because of the statute of limitations, the city had to reimburse the housing fund for only three years worth of underpayments.

Project's Growth Inducing Effect Doesn't Result in Compensation

Aug 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 08 Aug 2003

A city that acquires land for two roads through eminent domain does not have to compensate the property owner for the growth-inducing impacts of the roads, the Fourth District Court of Appeal has ruled.

Extraction Rights Don't Equal Storage Rights, Court Determines

Aug 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 08 Aug 2003

The right to pump groundwater does not equate to the right to store water in the same groundwater basin, the Second District Court of Appeal has ruled. In perhaps the first published ruling of its kind, the court held that unused groundwater storage space is a public resource that must be managed for the public benefit.

Property Owner's 1st, 14th Amendment Rights to Get Hearing

Aug 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 08 Aug 2003

A Santa Barbara County property owner has been allowed to pursue a lawsuit alleging that the county violated his rights of free speech, equal protection and due process by giving him a hard time with proposed developments.

University Off the Hook for Traffic, Fire Impacts

Aug 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 08 Aug 2003

California State University is not required to fund mitigation measures that offset a new campus's traffic and fire safety impacts, the Sixth District Court of Appeal has ruled.

Rent Control Board Lawsuit Against Landlord Can Proceed

Aug 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 08 Aug 2003

An appellate court has reinstated a Santa Monica Rent Control Board lawsuit against a landlord that a trial court had dismissed as a SLAPP suit. The lawsuit was the board's legitimate attempt to get a judicial determination that the landlord was violating local rent control laws, the Second District Court of Appeal ruled.

Water Analysis for UC Merced Campus Withstands Challenge

Aug 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 08 Aug 2003

The Fifth District Court of Appeal has upheld an environmental impact report's water analysis for the proposed University of California, Merced, campus.

City's Hearing Rejected For Violating Adult Business Owners' Due Process Rights

Jul 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 07 Jul 2003

An administrative hearing that the City of Beverly Hills conducted for an adult business permit renewal violated the business's right to due process, the Second District Court of Appeal has ruled. The problem was that a city attorney — who earlier had contended that the business failed to submit a complete permit renewal application — also advised the hearing officer who considered the business's appeal of the decision to deny the renewal application.

Housing Developer Loses Rancho Cucamonga Fee Case

Jul 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 07 Jul 2003

A Southern California housing developer that has aggressively fought a wide variety of government fees in recent years has lost a building permit and plan review fee case at the Fourth District Court of Appeal. In a terse opinion, the unanimous three-judge appellate panel ruled that Barratt American's claims were either time-barred or attempted to rely on the wrong statutes.

Hawaiian Gardens Shop Owner Allowed To Continue Inverse Condemnation Litigation

Jul 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 07 Jul 2003

The California Supreme Court has ordered the publication of another round in the litigation involving a doughnut shop owner and the City of Hawaiian Gardens.

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