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Vol. 20 No. 07 Jul 2005

Monterey County Election Update: No Might Mean Yes

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Monterey County voters rejected a general plan initiative while sending mixed signals on a general plan update adopted by the county. Voters also rejected a 1,100-unit subdivision during a special election on Tuesday.

The “no” side won all four ballot measures, even though two of the no votes conflicted with each other in the contentious and confusing election with a low turnout.
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Beverly Hills Gets Future Project At 2004 Prices

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In commodity futures markets, investors agree to pay a price today for the unknown cost of goods some time in the future. The City of Beverly Hills does not play the futures market, at least to my knowledge.

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City's Building Permit Revocation For Planned Autopsy Clinic is Upheld

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The City of Los Angeles was correct to revoke a building permit even though the permit holder had spent more than $200,000 on real estate and construction as a result of the city's advice and permit, the Second District Court of Appeal has ruled.

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Pebble Beach Project Sets Up Conflict Between State, County

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A proposed golf course and housing development amid the imperiled Monterey pines of Pebble Beach's Del Monte Forest has set up a confrontation between Monterey County and the California Coastal Commission.

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State Supreme Court To Consider Water Supply For 22,500-Unit Project

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The state Supreme Court has accepted for review a California Environmental Quality Act case involving the water supply for a huge project in Sacramento County.

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Property Rights Movement Experiences June Swoon In Federal, State Courts

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A few weeks ago, property rights advocates lost three big court cases. It's not unusual for June to be an important month for legal opinions because the U.S. Supreme Court wraps up its work before going on summer hiatus. But it is usual for property owners to go oh-for-June.

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Coastal Commission Survives

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The California Coastal Commission has survived one of most direct assaults on its existence since the Commission's establishment in 1976. Property owners, who have chafed for years at the Coastal Commission's land use restrictions, had hoped to have the Commission's makeup declared unconstitutional, but the California Supreme Court unanimously upheld the current system in a ruling issued June 23.

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Public Gets Malibu Beach Access Adjacent To David Geffen's House

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The saga of public access to a beach adjacent to entertainment mogul David Geffen's house in Malibu has apparently concluded, with public access secure.

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Court Says Parcel Map Does Not Insulate Owner From Zoning Change

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Approval of a tentative parcel map does not prevent zoning changes from applying to the subdivision, the Fourth District Court of Appeal has ruled. In a case from Orange County, the court ruled that the county could enforce provisions in a specific plan adopted after the county approved a four-lot parcel map for 9.2 acres within the specific plan area.

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Supreme Court Upholds Use Of Eminent Domain For Development

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The Supreme Court's closely divided decision backing the use of eminent domain for economic development gives state and local governments a qualified boost in what property rights advocates promise to be continuing challenges to the practice in state courts.

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