CP&DR

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.

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.

In Brief

Jul 1, 2001

In Brief, other, Vol. 16 No. 07 Jul 2001

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

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.

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.

In Breif

Jun 1, 2001

In Brief, other, Vol. 16 No. 06 Jun 2001

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.

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