CP&DR

Past Action By City Not Part Of Fair Market Value Equation, Court Holds

Sep 1, 2002

Legal Digest, other, Vol. 17 No. 09 Sep 2002

An appellate court has overturned a jury's verdict on the fair market value of property that the City of Ripon took through eminent domain. The appellate panel ruled that the trial judge allowed the jury to hear inadmissible evidence about how the city allegedly blocked development of the property to diminish its value.

Lawsuits Challenging Indio Project Addition Dismissed On Technicality

Sep 1, 2002

Legal Digest, other, Vol. 17 No. 09 Sep 2002

Challenges to a City of Indio redevelopment project area expansion from three other government agencies have been thrown out on a technicality by the Fourth District County of Appeal.

County Loses Attempt To Block Water District Incorporation Effort

Sep 1, 2002

Legal Digest, other, Vol. 17 No. 09 Sep 2002

A water district in Fresno County has the authority to pursue incorporation as a city, the Fifth District Court of Appeal has ruled. The court rejected arguments from Fresno County that the Malaga County Water District needed special legislation to proceed with creation of a new city.

'Old Oakland' Developers Lose Suit Against Bank That Dropped Project

Sep 1, 2002

Legal Digest, other, Vol. 17 No. 09 Sep 2002

The tortured history of a development in downtown Oakland added another chapter when a state appellate court overturned a lower court decision against Citicorp Real Estate, which had foreclosed on the project. The appellate panel found that the jury had been instructed incorrectly and that Citicorp had done nothing legally wrong in respect to its handling of the "Old Oakland" project.

Serious Threat Of Condemnation Triggers Process, Court Rules

Sep 1, 2002

Legal Digest, other, Vol. 17 No. 09 Sep 2002

In a case that pitted open space protection against eminent domain law, the First District Court of Appeal has ruled that a Sonoma County open space district did not need to get voter approval before granting an easement for a treated wastewater pipeline across district property.

Court Finds Potential For Conflicts In Hearing Officer Selection Process

Aug 1, 2002

Legal Digest, other, Vol. 17 No. 08 Aug 2002

The state Supreme Court has struck down a common method that cities and counties use to select temporary administrative hearing officers for land use controversies and other issues. The court ruled that San Bernardino County's unilateral appointment and payment of an attorney as a temporary hearing officer created the possibility of a conflict of interest for the attorney. The court accepted the argument from a massage clinic owner that the attorney might provide the county a favorable decision

Another Redevelopment Plan Gets Shot Down

Aug 1, 2002

Legal Digest, other, Vol. 17 No. 08 Aug 2002

A state appellate court has invalidated a City of Upland redevelopment plan because the city improperly manipulated the base tax year for one parcel, and because the area was neither predominately urbanized nor blighted.

Storm Drainage Fee Fails To Qualify For Sewer And Water Exemption

Aug 1, 2002

Legal Digest, other, Vol. 17 No. 08 Aug 2002

A City of Salinas fee to finance stormwater drainage facilities and system maintenance has been ruled unconstitutional by the Sixth District Court of Appeal.

State Supreme Court To Decide Water District's Zoning Exemption

Jul 1, 2002

Legal Digest, other, Vol. 17 No. 07 Jul 2002

The state Supreme Court will hear a case involving a county's ability to regulate a water district's construction of a water treatment plant.

Ninth Circuit Upholds State Water Quality Program

Jul 1, 2002

Legal Digest, other, Vol. 17 No. 07 Jul 2002

Two rulings by the Ninth U.S. Circuit Court of Appeals regarding the setting of permissible pollution levels in surface waters offer a mixed review of the issue.

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