Recent Articles in Legal Digest

Always Use The Experts

by William Fulton on May 29, 2018
CEQA, Noise, Santa Rosa

Santa Rosa neighbors lose case after appellate court rejects their "nonexpert" analysis. >>read more

School Fees Case: Apartments' Common Space Counts

by William Fulton on Apr 8, 2018
Impact Fees, Santa Ana, School Fees, Tustin

Appellate court rejects idea that school fees calculations don't include interior hallways and other common space. >>read more

SB 743 Overrides Parking Concerns

by William Fulton on Mar 25, 2018
CEQA, Covina, Infill, Metrolink, Parking, SB 743

Appellate court gives Covina a victory on infill development -- and deals another loss to Cory Briggs. >>read more

Court Upholds Referendum on Zoning Ordinance

by William Fulton on Feb 25, 2018
Consistency, General plan, Lafayette, Referendum, Zoning

Repealing a zoning ordinances doesn't create an inconsistency with the general plan because it "doesn't enact anything". >>read more

Housing Bills Flood Sacramento Again

by Josh Stephens on Feb 12, 2018
Housing, Legislature, RHNA, Transportation

Two Wiener followups to SB 35 lead the pack. >>read more

Broker's Opinion Doesn't Constitute Substantial Evidence

by William Fulton on Feb 1, 2018
CEQA, General Plan, Retail, Urban Decay, Visalia

In the latest urban decay case, an appellate court reinforces an earlier ruling to say that substantial evidence must involved more than merely an expert's "conjecture" >>read more

Condo Association Can Seek Inverse Condemnation Damages

by William Fulton on Jan 29, 2018
Gold Line, Inverse Condemnation, L.A. Metro

Appellate court overrules lower court in Gold Line Extension case. >>read more

AG Exempt From CEQA Exhaustion Requirement

by William Fulton on Jan 29, 2018
Attorney General, CEQA, Long Beach, Los Angeles , Port of Los Angeles

Attorney General can raise issues in court that aren't in an EIR's administrative record, appellate court rules. >>read more

DOF's Blocking of Post-Redevelopment Funds Could Be Unconstitutional

by William Fulton on Jan 28, 2018
Anaheim, Redevelopment, Related Companies

Related California wasn't a party to a contract among Anaheim agencies to shuffle affordable housing money -- but the developer's third-party status doesn't matter. >>read more

Terminating Sanction Upheld in Wildomar Wal-Mart Case

by William Fulton on Dec 27, 2017
CEQA, Wal-Mart, Wildomar

Appellate court finds CEQA lawyer Cory Briggs engaged in "a calculated attempt to delay" discovery and deposition. >>read more