CP&DR

In Brief

Jan 1, 2002

In Brief, other, Vol. 17 No. 01 Jan 2002

CP&DR's monthly look at news stories as they developed in the month of December 2001.

Citizens Can't Force EPA to Take Action, 9th Circuit Panel Rules

Dec 1, 2001

Legal Digest, other, Vol. 16 No. 12 Dec 2001

Citizens cannot force the Environmental Protection Agency to take enforcement action against polluters under the Clean Water Act, the Ninth U.S. Circuit Court of Appeals has ruled.

Caltrans Gets Dinged for Basing Offer on Illegal Nonconforming Use

Dec 1, 2001

Legal Digest, other, Vol. 16 No. 12 Dec 2001

The final offer that Caltrans made to a landowner whose property was the subject of an eminent domain action was unreasonable and, therefore, the landowner is due litigation expenses from the state, the Fourth District Court of Appeal has ruled. The court ruled that Caltrans's offer was unreasonable because it was based on an illegal nonconforming use of the site.

In Brief

Dec 1, 2001

In Brief, other, Vol. 16 No. 12 Dec 2001

CP&DR's monthly digest of developing stories culled from around the Golden State.

9th Circuit Rules Superfund Laws Don't Limit City Cleanup Ordinance

Dec 1, 2001

Legal Digest, other, Vol. 16 No. 12 Dec 2001

The Ninth U.S. Circuit Court of Appeals has upheld the validity of a City of Lodi ordinance intended to force the cleanup of contaminated land and groundwater. Although it struck down a few provisions of Lodi's comprehensive law, the court ruled against insurance companies that contended federal and state "Superfund" laws prevented Lodi from imposing its own cleanup regulations.

Complete Reults from November Election

Dec 1, 2001

Elections, other, Vol. 16 No. 12 Dec 2001

CP&DR's complete election results for November 2001.

County's Bingo Tax Passes One Test, But Challenge Doesn't End

Dec 1, 2001

Legal Digest, other, Vol. 16 No. 12 Dec 2001

An assessment levied by Sacramento County on nonprofit organizations that conduct bingo games did not violate a 1994 initiative barring the imposition of a tax or fee on a nonprofit group's income, the Third District Court of Appeal has ruled. However, the appellate panel sent the case back to the trial court to determine whether the fees were closely related enough to county expenses to be legal.

Appellate Court Finds Exception in Tax Initiative for Charter Cities

Dec 1, 2001

Legal Digest, other, Vol. 16 No. 12 Dec 2001

The Proposition 62 requirement that a tax measure receive two-thirds approval by a City Council before going to voters does not apply to charter law cities, the First District Court of Appeal has ruled.

City Is Not Developer's Ally for Mark-Roos Bonds

Dec 1, 2001

Legal Digest, other, Vol. 16 No. 12 Dec 2001

Local governments that float Marks-Roos bonds have a fiduciary responsibility to the investors who hold the bonds – but not to the property owners who provide the revenue to make the bond payments, the Third District Court of Appeal has ruled.

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.

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