CP&DR

State High Court Rejects Pre-1893 Subdivisions

Mar 1, 2003

Legal Digest, Paul Shigley, Solano County, Subdivision Map Act, Vol. 18 No. 03 Mar 2003

In its first ruling directly addressing the validity of "antiquated subdivisions," the California Supreme Court has held that maps recorded prior to adoption of the first precursor to the Subdivision Map Act in 1893 do not create legal parcels for today's purposes.

Power Plant Opponents Already Had Day In Court, Panel Rules

Mar 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 03 Mar 2003

Opponents of a proposed power plant in San Jose have lost an attempt to get their arguments heard in court. The Third District Court of Appeal ruled that project opponents could not bring a case in Superior Court because the California Supreme Court has exclusive jurisdiction to review power plant certification decisions by the state Energy Resources Conservation and Development Commission. The fact that the Supreme Court rejected the opponents' lawsuit without reviewing the record did not matter, the Th

West Hollywood Apartment Building Owners Lose Rent Control Exemption

Mar 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 03 Mar 2003

The owners of apartment buildings in the City of West Hollywood cannot avoid the city's rent control ordinance by relying on 1980s-era approvals to convert the buildings to condominiums, an appellate court has ruled.

Sludge Disposal Ordinance Exempted From CEQA Review

Mar 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 03 Mar 2003

The owner of a business that spreads sludge from wastewater treatment plants on fields in Kings County has taken a beating in court over a lawsuit that claimed the county could not exempt an ordinance regulating sewage sludge disposal from environmental review. In upholding a decision by Kings County Superior Court Judge Peter Schultz, the Fifth District Court of Appeal ruled that Shaen Magan failed to present any evidence to support his claim that the ordinance was not categorically exempt from the Ca

City Not Allowed To Use Currrent Zoning In Setting Fair Market Value

Mar 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 03 Mar 2003

The value of property being taken by eminent domain cannot be based on the property's zoning if the same entity that is taking the property also imposed the zoning, the Fourth District Court of Appeal has ruled.

Coastal Commission Appointments Deemed Unconstitutional

Feb 1, 2003

Legal Digest, Paul Shigley, Vol. 18 No. 02 Feb 2003

The method of appointing members to the California Coastal Commission has been declared unconstitutional by the Third District Court of Appeal. The ability of the speaker of the Assembly and the Senate Rules Committee to appoint eight of twelve commissioners and remove them at will violates the separation of powers doctrine, the court held.

Caltrans Can Convert Bond-Funded Parkland To Highway, Court Rules

Feb 1, 2003

CP&DR Staff, Legal Digest, Vol. 20 No. 02 Feb 2005

Caltrans did not need legislative approval to acquire parkland that San Diego County had purchased earlier with state park bond money, the Fourth District Court of Appeal has ruled. The court rejected the argument from park supporters that Caltrans could not convert the land to road use without approval of the state Legislature.

SD Base Redevelopment Avoids Voter-Approved Height Restriction

Feb 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 02 Feb 2003

A voter-approved height limitation initiative does not apply to redeveloped land that was part of a military base, the Fourth District Court of Appeal has ruled.

Environmentalists, Agencies Split 2 Rulings On ESA Interpretation

Feb 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 02 Feb 2003

Environmental advocates challenging federal agency interpretations of the Endangered Species Act were victorious in one case at the Ninth U.S. Circuit Court of Appeals, but lost a second case. The late-2002 decisions both came on 2-1 rulings, and the decisions appeared in one aspect.

Sacramento Developer Loses Clean Water Act Case At High Court

Jan 1, 2003

Kenneth Jost, Legal Digest, Vol. 18 No. 01 Jan 2003

WASHINGTON _ A deadlocked U.S. Supreme Court has upheld a $500,000 fine against a California developer for "deep ripping" about two acres of wetlands on a Central Valley ranch while converting pasture to vineyards and orchards. The justices divided 4-4 in an appeal by Angelo Tsakopoulos seeking to set aside penalties levied by the U.S. Army Corps of Engineers for violating provisions of the Clean Water Act that require a permit before filling or dredging waterways.

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