CP&DR

Agency Wins Remediation Costs In Eminent Domain Lawsuit

Jan 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 01 Jan 2003

The San Diego Redevelopment Agency can use a state law to require the owner of property the agency took by eminent domain to pay for cleanup of soil contamination, a state court has ruled.

No Compensation For Lot Line Adjustment Delay, Court Rules

Jan 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 01 Jan 2003

A city's erroneous denial of a lot line adjustment application did not qualify as a temporary taking, the First District Court of Appeal has ruled. The court ruled that the City of Lafayette had legitimate reasons for handling the application the way it did and that the delay in approval of the application — which eventually was ordered by a trial court — was not unreasonable.

Farmers, Districts Allowed To Sue Over Dam Releases

Jan 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 01 Jan 2003

A divided panel of the Ninth U.S. Circuit Court of Appeals has allowed two water districts and two farmers to sue the federal government for damages caused by changes in the management of the Central Valley Water Project, even though the districts and farmers have not yet experienced an injury. The decision appears to set an important precedent regarding when a party has the legal "standing" to seek compensation for damages.

Segmentation, Lack of Review Sink L.A. Port Expansion Project

Dec 1, 2002

California Environmental Quality Act, CP&DR Staff, Legal Digest, Los Angeles County, Vol. 17 No. 12 Dec 2002

A state appellate court has halted a project at the Port of Los Angeles because the city never studied the development's environmental impacts. The court rejected the city's arguments that the project was covered by a 1997 environmental impact report and a 2000 subsequent EIR because the project had not been contemplated in 1997, and there was no evidence the 2000 study considered the project.

Unpermitted Activity Doesn't Alter Baseline for Review, Court Rules

Jun 1, 2002

California Environmental Quality Act, CP&DR Staff, Legal Digest, Sacramento County, Vol. 17 No. 06 Jun 2002

Sacramento County properly used 1997 conditions as the baseline for the environmental review of an airport project, even though the general aviation airport had been operating and growing without county permits since the early 1970s, the Third District Court of Appeal has ruled.

City Barred From Adding Conditions To Mobile Home Park Conversion

Jun 1, 2002

CP&DR Staff, Housing, Legal Digest, Riverside County, Vol. 17 No. 06 Jun 2002

The City of Palm Springs added improper conditions to a subdivision map approval when it considered a property owner's proposal to subdivide a mobile home park so that the park could be converted to resident-owned, the Fourth District Court of Appeal has ruled.

Project Opponent Loses Lawsuit for Failure to Correct Party

Jul 1, 2001

California Environmental Quality Act, CP&DR Staff, Legal Digest, Mendocino County, Vol. 16 No. 07 Jul 2001

The opponent of a proposed Mendocino County inn should have named the Coastal Commission in her lawsuit because the Commission, not the county Board of Supervisors, made the final decision on the project, the First District Court of Appeal has ruled.

Las Vegas Finally Wins A Round In Baby Tam Saga

Jun 1, 2001

Adult businesses, CP&DR Staff, Legal Digest, Nevada, Vol. 16 No. 06 Jun 2001

The latest round in the legal saga of an adult bookstore in Las Vegas has been won by the city. The U.S. Ninth Circuit Court of Appeals upheld the city's regulatory system for adult businesses after the city adopted measures to ensure prompt reviews of adult business license applications by city officials and state courts.

Court Demands Better Analysis Of Project's Water Usage

Apr 1, 2001

California Environmental Quality Act, CP&DR Staff, Legal Digest, Monterey County, Vol. 16 No. 04 Apr 2001

Environmental review of a 109-unit subdivision on a 900-acre parcel in Carmel Valley was inadequate, the Sixth District Court of Appeal has ruled. The court concluded that in overturning the Monterey County Planning Commission's decision to deny the project, the Board of Supervisors used information about the project's water supply that had been introduced at the end of the environmental review process and had not been sufficiently analyzed or reviewed by the public.

Bay Area Is Next

Feb 1, 2001

CP&DR Staff, Featured Articles, Vol. 16 No. 02 Feb 2001

While the regional housing needs debate drags on in the southern part of the state, the nine-county Association of Bay Area Governments is finalizing its Regional Housing Needs Determination for the 1999-2006 planning cycle. Although, ABAG's process of allocating 230,000 housing units to its jurisdictions has not been without bumps, it does not show signs of derailing. Only 10 jurisdictions appealed ABAG housing targets, with a decision due on those requests at the end of January. The apparent...