CP&DR

Long Beach Suit Over Planned LAUSD High School Rejected

Sep 2, 2009

California Environmental Quality Act, CP&DR Staff, Legal Digest, Los Angeles County, Vol. 24 No. 11 Sep 2009 - 1

The Los Angeles Unified School District has successfully defended against a City of Long Beach lawsuit that challenged numerous aspects of a new high school's environmental impact report.

SD Mall's Corporate Owners Fail To Avoid Reassessment

Sep 2, 2009

CP&DR Staff, Legal Digest, San Diego County, Vol. 24 No. 11 Sep 2009 - 1

An appellate court has upheld San Diego County's reassessment of the Fashion Valley Shopping Mall in San Diego. The court concluded that Equitable Life Assurance Company's transfer of the mall's title to the operating company of a limited liability corporation, in which Equitable owned a 50% stake, amounted to a 100% transfer of ownership and thus triggered a reassessment for property tax purposes.

SD Tax-Processing 'Fee' Declared Illegal

Sep 1, 2009

Legal Digest, Local government finance, Paul Shigley, San Diego County, Vol. 24 No. 11 Sep 2009 - 1

A fee that the City of San Diego levied on businesses and landlords for processing their taxes has been declared illegal by the Fourth District Court of Appeal. The court ruled that the fee amounted to a general purpose tax that should have been submitted to voters for approval.

Local Control Over Mobile Home Park Conversions Limited

Aug 28, 2009

CP&DR Staff, Housing, Legal Digest, Sonoma County, Vol. 24 No. 11 Sep 2009 - 1

Cities and counties have little authority over the conversion of mobile home parks to resident-owned subdivisions, the First District Court of Appeal has ruled.

Court Rules L.A. Inclusionary Housing Mandate Violates State Law

Aug 20, 2009

Housing, Legal Digest, Los Angeles County, Paul Shigley, Vol. 24 No. 10 Aug 2009 - 2

A state appellate court ruling striking down an affordable housing mandate in the City of Los Angeles could have statewide implications. Affordable-housing advocates and municipal attorneys say the decision, if it stands, calls into question inclusionary housing ordinances that require developers to set aside and price a certain percentage of new rental units at below-market rates.

Bush Administration Forest Management Rules Rejected

Aug 19, 2009

CP&DR Staff, Legal Digest, National Environmental Policy Act, Vol. 24 No. 10 Aug 2009 - 2

Two Bush administration policies for managing national forests were invalidated by the Ninth U.S. Circuit Court of Appeals in early August. One three-judge panel blocked implementation of a 2004 amendment to the Sierra Nevada Framework that governs all 11 national forests in the mountain range. A second panel rejected the Forest Service's attempt to eliminate a Clinton-era rule prohibiting development in designated roadless areas of national forests.

Court Reinstates SLO Developer's Ballot Initiative

Aug 18, 2009

CP&DR Staff, Initiatives and referendums, Legal Digest, San Luis Obispo County, Vol. 24 No. 10 Aug 2009 - 2

A state appellate court has reinstated the results of a local ballot initiative that authorize a large development near the San Luis Obispo County airport. A trial court judge had thrown out the initiative on the grounds that it was superceded by the State Aeronautics Act and that the ballot measure amounted to an "adjudicative" rather than a legislative act. The Second District Court of Appeal disagreed, ruling that the aeronautics law did not preclude the initiative and that it was appropriately legislative in nature.

Environmental Groups Excluded From Rancho Cucamonga Preserve

Jul 29, 2009

CP&DR Staff, Habitat conservation planning, Legal Digest, San Bernardino County, Vol. 24 No. 09 Aug 2009 - 1

Two environmental groups that sued the City of Rancho Cucamonga and developers to gain ownership of 86 acres of habitat mitigation land have failed to persuade an appellate court to reverse a devastating lower court ruling.The Fourth District Court of Appeal rejected the argument put forth by The Habitat Trust for Wildlife and Spirit of the Sage Council that the city, developers and San Bernardino County had collaborated to deny the environmental groups' right to own the property.

State's High Court To Review Another Prop 218 Controversy

Jul 29, 2009

CP&DR Staff, Legal Digest, Local government finance, Marin County, Vol. 24 No. 09 Aug 2009 - 1

The California Supreme Court has taken up another Proposition 218 case. This one involves voter secrecy in fee elections.

Public Officials Win Attorney Fees For Suing Own Board

Jul 23, 2009

CP&DR Staff, Legal Digest, Orange County, Parks and open space, Vol. 24 No. 09 Aug 2009 - 1

Two members of the board overseeing the Orange County Great Park who sued the public agency over access to executive recruitment information should have their attorney fees paid, the Fourth District Court of Appeal has ruled.

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