Legal Digest

 

Rip Van Winkle Scalia Wakes Up in Koontz

If the oral argument is any indication, the U.S. Supreme Court is likely to rule against a landowner in Florida who filed a takings lawsuit against an Orlando-area water district – turning what appeared to be an easy victory for property rights advocates into a loss. 

Banning Ranch EIR Upheld by Appellate Court

The Fourth District Court of Appeal has upheld the City of Newport Beach’s environmental impact report for the Banning Ranch development, rejecting a challenge by a local conservancy which asserted piecemeal environmental review and the adequacy of the impacts of a park the city is building adjacent to Banning Ranch. The court of appeal affirmed the trial court’s judgment and denial of the writ.

Validation Lawsuit Doesn’t Always Immunize Plaintiff From Attack

In many situations, the settlement of a lawsuit is a flexible tool to resolve disagreements between parties and allow the participants to move on with their lives. A settlement with a public agency invokes slightly different considerations then a matter resolved exclusively through private parties. As previously noted in Trancas Property Owners Association v.