A recent appellate court opinion that cast doubt on the legal status of thousands of lots in 19th century subdivisions has been decertified.
The California Supreme Court ordered the depublication of the Second District Court of Appeals' decision in Circle K Ranch Corp. v. Board of Supervisors of the County of Santa Barbara, B124996 (see CP&DR Legal Digest, May 2000). However, the state's high court did not accept the case for review.
The Second District ruled that separate parcels do not exist today...
An appellate court has thrown out the Town of Mammoth Lakes' redevelopment plan and the plan's EIR. The Third District Court of Appeal held that there was no substantial evidence that the 1,139-acre redevelopment project area was blighted or even predominately urbanized. The court also ruled there was no evidence that current conditions prevented economic development. As for the EIR, the court ruled that the town's program EIR was inadequate and the town should have thoroughly analyzed all 72 projects i...
In three adult business cases decided in late June, the Ninth District Court of Appeals upheld one city's zoning ordinance, struck down another city's code and sent a third city's regulatory system back to district court for further proceedings.
The court upheld the City of Taft's ordinance that restricts adult businesses to a select few parcels in town, but it struck down a similar ordinance in Simi Valley as unconstitutional because that city's process essentially permitted third parties to block ad...
Santa Cruz County's granting of six variances for a new house on the beach has been upheld by the Sixth District Court of Appeal. The unanimous three-judge panel ruled that the county could consider federal and county regulations as "special circumstances" in approving variance requests.
The controversy was centered on some of Santa Cruz County's most desirable real estate, namely, Beach Drive, next to Rio Del Mar Beach, in Aptos. In 1996, Jim and Judi Craik purchased a house at 415 Beach D...
The two principal authors of the 1998 revisions to the California Environmental Quality Act Guidelines say a recent appellate court decision misinterpreted the Guidelines. The case, Friends of Sierra Madre v. City of Sierra Madre, (1999) 76 Cal.App.4th 1061, has since been accepted for review by the state Supreme Court.
Last December, the Second District Court of Appeal overturned an election in which voters approved a city-sponsored ballot measure to remove 29 properties from the city's Register of H...
The Fourth District Court of Appeal has turned away a Proposition 218-based challenge to the City of San Diego's tax on rental residences. The court held that the tax is an excise tax that is not subject to the provisions of Proposition 218, the "Right to Vote on Taxes Act" of 1996.
San Diego began assessing a "rental unit business tax" on apartments and hotels in 1942. The tax evolved over the years, and in 1992 was extended to cover all residential properties available for rent, including ...
Claims that Sacramento County violated the California Environmental Quality Act while approving a commercial development have been dismissed by the Third District Court of Appeal because the project opponent did not submit a written request for a hearing within 90 days of filing a lawsuit.
The attorney for opponent Forster-Gill, Inc., argued that a telephone call to the court clerk within the 90-day period was adequate, but the appellate court disagreed, ruling that the law "plainly contemplates a written request that can be, and is, filed with the court."
A state appellate court has upheld the California Coastal Commission's denial of a development permit for a small mixed-use project in Morro Bay.
The court rejected developer Dan Reddell's arguments that the commission violated his due process and equal protection rights, and that its decision was a regulatory taking of property. Instead, the Second District Court of Appeal ruled that substantial evidence supported the commission's finding that Reddell's project was inconsistent with Morro Bay's local coastal plan (LCP).
A state appellate court has thrown out an Inyo County general plan amendment that the county argued was nothing more than a clarification of a longstanding policy.
A unanimous three-judge panel of the Fourth District Court of Appeal, Division Two, concluded that the amendment was more than a mere clarification and that the county should have completed an environmental impact report before approving the amendment.
A City of West Hollywood moratorium on new multi-family housing development has been declared invalid by the Second District Court of Appeal. The court ruled that the city had not made required findings for the moratorium.
The Ninth U.S. Circuit Court of Appeals has set back a plan to develop the country's largest solid waste landfill near Joshua Tree National Park. The court ruled that the environmental analysis for the project was inadequate and that the Bureau of Land Management undervalued land it would provide to the landfill developer.
A state appellate court has struck down a California Environmental Quality Act exemption for an air district rule permitting new power plants to offset emissions by paving roads. The court found that the Mojave Desert Air Quality Management District did not have adequate evidence to support its finding that the rule could not have a negative impact on the environment.
A developer is not entitled to reimbursement or damages from a consultant hired by a local government to complete an environmental impact report, the First District Court of Appeal has ruled. Even when the consultant fails to complete an EIR in a timely manner, the consultant owes no contractual duty to the developer that paid for the consultant, the court concluded.
