CP&DR

Appellate Panel Directs Trial Court, Agencies to Re-read Its Earlier Ruling

Jul 1, 2001

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

A state appellate court that ordered preparation of an environmental impact report on a Metropolitan Water Agency habitat conservation project has ruled that MWD cannot slice the project into smaller pieces and proceed without an EIR.

State Supreme Court Opens Door for Taxpayers to Challenge Levies

Jul 1, 2001

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

Throwing into question utility users' taxes collected by many cities, the state Supreme Court has overturned a lower court's ruling that a lawsuit challenging a city's utility users' tax was filed too late. The state's high court ruled unanimously that the three-year statute of limitations begins anew every time the city collects the tax.

Court Says City of Napa Ordinance Advances a Government Interest

Jul 1, 2001

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

An appellate court has upheld the City of Napa's zoning ordinance that requires developers to devote a portion of their projects to affordable housing. The unanimous three-judge panel of the First District rejected the Home Builders Association of Northern California's contention that the inclusionary zoning law amounted to an unconstitutional taking.

Project Opponent Loses Lawsuit for Failure to Correct Party

Jul 1, 2001

California Environmental Quality Act, CP&DR Staff, Legal Digest, Mendocino County, Vol. 16 No. 07 Jul 2001

The opponent of a proposed Mendocino County inn should have named the Coastal Commission in her lawsuit because the Commission, not the county Board of Supervisors, made the final decision on the project, the First District Court of Appeal has ruled.

High School Fends Off Challenge But Does Not Get Attorneys' Fees

Jun 1, 2001

Legal Digest, other, Vol. 16 No. 06 Jun 2001

A developer whose project was the subject of a California Environmental Quality Act lawsuit is not entitled to attorneys fees for helping a city defend the suit, the Fourth District Court of Appeal has ruled.

State Coastal Commission Declared Unconstitutional byTrial Court

Jun 1, 2001

Legal Digest, other, Vol. 16 No. 06 Jun 2001

In a stunning trial court ruling, the California Coastal Commission was declared an unconstitutional agency. Sacramento County Superior Court Judge Charles Kobayashi ruled that the commission's composition violated the separation of powers doctrine because the Speaker of the Assembly and Senate Rules Committee appoint eight of the twelve commission members.

Trial Court Rejects 8 Changes Made by Wilson Administration in 1998

Jun 1, 2001

Legal Digest, other, Vol. 16 No. 06 Jun 2001

A Sacramento County Superior Court judge has overturned eight amendments that the Wilson administration made to the Guidelines for implementing the California Environmental Quality Act. And although Judge Ronald Robie had not issued a final judgment as of late May, sources said his decision was unlikely to be appealed.

State PUC Held to Lesser Standard for Environmental Study of Project

Jun 1, 2001

Legal Digest, other, Vol. 16 No. 06 Jun 2001

The City of Vernon has lost a case in which it alleged that the California Public Utilities Commission should have required environmental review of a proposed rail yard expansion. A unanimous three-judge panel of the Second District Court of Appeal ruled that Vernon failed to prove that the project was unreasonable. The case demonstrates the differences between projects controlled by the California Environmental Quality Act, and projects that fall under other sections of the state Public Reso

Las Vegas Finally Wins A Round In Baby Tam Saga

Jun 1, 2001

Adult businesses, CP&DR Staff, Legal Digest, Nevada, Vol. 16 No. 06 Jun 2001

The latest round in the legal saga of an adult bookstore in Las Vegas has been won by the city. The U.S. Ninth Circuit Court of Appeals upheld the city's regulatory system for adult businesses after the city adopted measures to ensure prompt reviews of adult business license applications by city officials and state courts.

Appellate Panel Says County Can reapportion Property Tax Revenue

Jun 1, 2001

Legal Digest, other, Vol. 16 No. 06 Jun 2001

A Santa Barbara County special district had no standing to sue over the apportionment of property taxes from a resort development within the district's boundaries, the Second District Court of Appeal has ruled. And even if the district did have standing, its claim was filed after the 60-day statute of limitations for challenging a government agency's action under the Cortese-Knox Local Government Reorganization Act, the court held.

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