CP&DR

Orange County Golf Course Qualifies as Public Park Use

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

Constructing a golf course is a legitimate use of public parkland, the Fourth District Court of Appeal has ruled. The court ruled against an Orange County citizens group that alleged the county government was improperly using land dedicated for a park.

California Supreme Court Accepts Peculiar Rent Control/SLAPP Case

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

The state Supreme Court has agreed hear to an unusual case from the Sonoma County city of Cotati that involves both mobile home rent control and an alleged strategic lawsuit against public participation (SLAPP).

Court Requires Cumulative Air Quality Study for BLM Land Swap

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

An environmental assessment of a 5,000-acre federal land exchange in Las Vegas did not sufficiently address the question of the cumulative air-quality impacts of developing the property, a three-judge panel of the Ninth U.S. Circuit Court of Appeals has ruled. The court held that federal officials may be required to prepare an environmental impact statement.

Antiquated Subdivisions Ruled Invalid by Appellate Court

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

In the clearest decision to date on antiquated subdivisions, the First District Court of Appeal has ruled that subdivision maps recorded prior to the first version of the Subdivision Map Act in 1893 do not create legal parcels.

Landowner Loses Bid for Payment Based on Potential Landfill Project

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

When taking property by eminent domain, a city does not have to pay for the property's value as a potential garbage dump, the Third District Court of Appeal has ruled. The court held that the farmland's value as a landfill was too speculative under eminent domain law.

Legal FYI

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

The City of Palm Springs has agreed to pay $1.2 million to a conservation organization because the city built a golf course on land donated to the city as desert preserve. The settlement apparently ends the protracted litigation between the city and the Living Desert Reserve of Palm Desert.

Legal FYI

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

An Orange County Superior Court judge has reversed a portion of a $94.5 million judgment against the City of San Diego in an inverse condemnation case. Judge Raymond Ikola approved the city's request for a new trial on $29.2 million worth of damages related to breach of contract, but he upheld a jury's remaining $65.3 million award to businessman Roque de la Fuente II.

Legal FYI

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

The validity of a growth-control initiative in Alameda County has been upheld by a trial court. Superior Court Judge James Richardson in October issued final orders in a case filed by homebuilders over Measure D, which voters approved in November 2000 (see CP&DR, December 2000).

Legal FYI

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

Farmers in the Klamath Basin of far northern California and southern Oregon have filed a $1 billion takings lawsuit against the U.S. Bureau of Reclamation over the government's decision to greatly reduce water delivery to farms in the area (see CP&DR Environment Watch, October 2001).

Building Industry Allowed to Defend Suit Over San Diego Plan

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

The Ninth Circuit Court of Appeals has allowed members of the building industry to intervene in a lawsuit that environmentalists filed regarding the San Diego Multi-Species Conservation Program (MSCP).

Articles