CP&DR

City Of Industry Redevelopment Extension Dies - For Now

Apr 25, 2008

CP&DR Staff, Featured Articles, Los Angeles County, Redevelopment, Vol. 23 No. 05 May 2008

A bill that would permit the City of Industry to extend its redevelopment plan's effectiveness for 10 years appears to have died when the bill's author, Sen. Gloria Romero (D-East Los Angeles), pulled SB 1771 before a scheduled mid-April committee hearing.

Eminent Domain: Value Based On Actual, Not Hypothetical, Use

Apr 22, 2008

Alameda County, CP&DR Staff, Eminent domain, Legal Digest, Vol. 23 No. 05 May 2008

A hypothetical or speculative use of property is not a proper basis for determining damages caused by a city's temporary construction easement, the First District Court of Appeal has ruled.

The unanimous three-judge appellate panel overturned a jury's decision to award a Fremont homeowner $195,000 in temporary severance damages. The First District ruled that the trial court judge improperly permitted the jury to consider compensation for hypothetical — rather than actual — injuries.

Environmental Groups Win Legal Fees In Delta Litigation

Apr 22, 2008

California, CP&DR Staff, Legal Digest, Sacramento-San Joaquin River Delta, Vol. 23 No. 05 May 2008

In a potentially important decision for environmental advocates, the Third District Court of Appeal has ruled that environmental groups are eligible for attorney's fees in a Bay-Delta water lawsuit, even though public agencies won similar litigation.

Landowner's Defamation Suit Against Elected Official Advances

Apr 17, 2008

CP&DR Staff, Legal Digest, Rent control, San Diego County, Vol. 23 No. 05 May 2008

The Ninth U.S. Circuit Court of Appeals has permitted a property owner's defamation lawsuit against a San Diego County supervisor to go forward.

A divided three-judge panel overturned a lower court's ruling that Manufactured Home Communities' lawsuit against Supervisor Dianne Jacob was a SLAPP suit. The Ninth Circuit determined that a jury could find some of Jacob's challenged statements were "actionable as provably false assertions of fact."