CP&DR

Jury's Award to San Diego County Landowner Gets Greatly Reduced

Sep 1, 2001

Legal Digest, other, Vol. 16 No. 09 Sep 2001

A state appellate court has greatly reduced the amount of damages that San Diego County must pay to a landowner in an inverse condemnation case. The court reduced a jury's award of $646,000 by $187,000 and directed the trial court to reconsider other costs included in the award.

Court Stops Wholesale Water Agency's Purchase of Retailer

Sep 1, 2001

Legal Digest, other, Vol. 16 No. 09 Sep 2001

A lawsuit challenging a Southern California water agency's purchase of a private water company has been reinstated by the Second District Court of Appeal.

Agencies Lose Seperate Rounds Over Allocation of Tax Revenues

Aug 1, 2001

Legal Digest, other, Vol. 16 No. 08 Aug 2001

Two Southern California redevelopment agencies have lost separate lawsuits over the allocation of property tax revenue from redevelopment project areas.

U.S. Supreme Court Will Review Lake Tahoe Moratorium Decision

Aug 1, 2001

Legal Digest, other, Vol. 16 No. 08 Aug 2001

The U.S. Supreme Court will decide a case in which Lake Tahoe property owners allege that a temporary building moratorium amounted to an unconstitutional taking.

Interior's Policy for Listing Species Rejected as Too Slow by 9th Circuit

Aug 1, 2001

Legal Digest, other, Vol. 16 No. 08 Aug 2001

A Clinton-era Interior Department policy that delayed endangered species petitions filed by the public has been thrown out by the Ninth U.S. Circuit Court of Appeals. The unanimous three-judge panel agreed with environmentalists who said the policy improperly stalled consideration of plants and animals that could qualify for protected status.

Failure to Request Hearing Dooms Lawsuit Over Timber Harvest Plan

Aug 1, 2001

Legal Digest, other, Vol. 16 No. 08 Aug 2001

An environmental group that sued the California Department of Forestry and Fire Protection over environmental review of a North Coast timber harvest lost its chance to pursue the lawsuit because it did not request a hearing within a prescribed deadline.

Developer Needs to Own Interest in Land to Pursue Suit, Court Rules

Aug 1, 2001

Legal Digest, other, Vol. 16 No. 08 Aug 2001

A developer who lost his ownership interest in a piece of property had no standing to seek a court order forcing a county to recognize a 19th century subdivision of the property, the Second District Court of Appeal has ruled. A unanimous three-judge panel of the Second District, Division Six, overturned a trial court's writ of administrative mandamus in the case.

Supreme Court Buoys Property Rights Advocates

Aug 1, 2001

Kenneth Jost, Legal Digest, Takings, Vol. 16 No. 08 Aug 2001

WASHINGTON _ The U.S. Supreme Court's latest take on takings law is getting two cheers from landowners and property rights advocates and grudging acceptance from land use regulators and environmentalists.

9th Circuit Reinstates Jury Award; City Must Pay $3 Million in Damages

Jul 1, 2001

Legal Digest, other, Vol. 16 No. 07 Jul 2001

A jury's award of $3 million to a Desert Hot Springs developer who sued the city for violating the Fair Housing Act has been reinstated by the U.S. Ninth Circuit Court of Appeals.

Court upholds 1999 Election That Overturned ‘Prezoning' for Project

Jul 1, 2001

Legal Digest, other, Vol. 16 No. 07 Jul 2001

An appellate court has upheld a voters' decision on a City of Pleasanton referendum that effectively blocked an 89-unit subdivision. In upholding the election, the unanimous three-judge panel of the First District, Division One, rejected the developer's argument that the election resulted in zoning that was inconsistent with the city's general plan and, therefore, should be overturned. Instead, the court ruled that the election only maintained the status quo and was a valid exercise of the re

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