CP&DR

L.A. Planning Commission President Begs Lawsuit

May 1, 2008

California, CP&DR Staff, In Brief, Vol. 23 No. 05 May 2008

In this month's roundup of land use news: The Los Angeles City Planning Commission president gets her wish – a lawsuit against the city; Rancho San Juan conflict settled in Monterey County; planning director's role as head of LAFCO upheld by court; Napa County grand jury scrutinizes farmworker housing cost overruns.

Takings Lawsuit Settlement Hinges On Legislation

May 1, 2008

CP&DR Staff, Featured Articles, San Mateo County, Takings, Vol. 23 No. 05 May 2008

The City of Half Moon Bay has reached a settlement agreement with a developer who won a takings lawsuit against the city. Last December, U.S. District Court Judge Vaughn Walker awarded developer Charles Keenan $36.8 million in damages, plus interest and attorney's fees, because an incomplete city drainage project had transformed an approved 24-acre housing project site into an unbuildable wetland (see CP&DR In Brief, January 2008).

Environmental Review Cases Stack Up At State High Court

Apr 30, 2008

California, California Environmental Quality Act, CP&DR Staff, Legal Digest, Vol. 23 No. 05 May 2008

The state Supreme Court has accepted a case involving the baseline for an environmental impact report of a Southern California oil refinery project. The decision to accept the case means the state high court now has four California Environmental Quality Act (CEQA) cases pending.

Grand Terrace Ordered To Prepare EIR For Senior Housing

Apr 30, 2008

California Environmental Quality Act, CP&DR Staff, Legal Digest, San Bernardino County, Vol. 23 No. 05 May 2008

An environmental impact report is necessary for a 120-unit senior housing facility in the City of Grand Terrace, the Fourth District Court of Appeal has ruled. The unanimous three-judge appellate panel upheld a trial court judge's ruling that a mitigated negative declaration for the project was inadequate.

City Of Industry Redevelopment Extension Dies - For Now

Apr 25, 2008

CP&DR Staff, Featured Articles, Los Angeles County, Redevelopment, Vol. 23 No. 05 May 2008

A bill that would permit the City of Industry to extend its redevelopment plan's effectiveness for 10 years appears to have died when the bill's author, Sen. Gloria Romero (D-East Los Angeles), pulled SB 1771 before a scheduled mid-April committee hearing.

Eminent Domain: Value Based On Actual, Not Hypothetical, Use

Apr 22, 2008

Alameda County, CP&DR Staff, Eminent domain, Legal Digest, Vol. 23 No. 05 May 2008

A hypothetical or speculative use of property is not a proper basis for determining damages caused by a city's temporary construction easement, the First District Court of Appeal has ruled.

The unanimous three-judge appellate panel overturned a jury's decision to award a Fremont homeowner $195,000 in temporary severance damages. The First District ruled that the trial court judge improperly permitted the jury to consider compensation for hypothetical — rather than actual — injuries.

Environmental Groups Win Legal Fees In Delta Litigation

Apr 22, 2008

California, CP&DR Staff, Legal Digest, Sacramento-San Joaquin River Delta, Vol. 23 No. 05 May 2008

In a potentially important decision for environmental advocates, the Third District Court of Appeal has ruled that environmental groups are eligible for attorney's fees in a Bay-Delta water lawsuit, even though public agencies won similar litigation.

Landowner's Defamation Suit Against Elected Official Advances

Apr 17, 2008

CP&DR Staff, Legal Digest, Rent control, San Diego County, Vol. 23 No. 05 May 2008

The Ninth U.S. Circuit Court of Appeals has permitted a property owner's defamation lawsuit against a San Diego County supervisor to go forward.

A divided three-judge panel overturned a lower court's ruling that Manufactured Home Communities' lawsuit against Supervisor Dianne Jacob was a SLAPP suit. The Ninth Circuit determined that a jury could find some of Jacob's challenged statements were "actionable as provably false assertions of fact."

Fresno Directed to Reconsider Whether Buildings are Historic

Apr 4, 2008

California Environmental Quality Act, CP&DR Staff, Fresno County, Legal Digest, Vol. 23 No. 04 Apr 2008

The City of Fresno cut short its inquiry into the historic significance of two apartment buildings, one of which is proposed for demolition, the Fifth District Court of Appeal has ruled.

Election Law Declared Invalid, San Clemente Referendum Proceeds

Apr 4, 2008

CP&DR Staff, Legal Digest, Orange County, Vol. 23 No. 04 Apr 2008

Voters in the City of San Clemente will decide on a building height and view ordinance, thanks to a state appellate court ruling regarding signature gathering for a referendum of the ordinance.