CP&DR

Rent Control Of Replacement Units Upheld

May 13, 2009

CP&DR Staff, Legal Digest, Los Angeles County, Rent control, Vol. 24 No. 06 Jun 2009

A City of Los Angeles ordinance that subjects replacement rental units to the city's rent control scheme has been upheld by the Second District Court of Appeal. The court rejected the argument that the ordinance violates the Costa-Hawkins Act, which exempts newly constructed units from local rent control measures. >>read more

Court Clears Water District Consolidation Process

May 12, 2009

CP&DR Staff, Legal Digest, San Bernardino County, Vol. 24 No. 06 Jun 2009, Water

The San Bernardino Local Agency Formation Commission may proceed with the proposed consolidation of two water districts, the Second District Court of Appeal has ruled. The court rejected the argument of one district that the proposed consolidation is not subject to the Cortese-Knox-Hertzberg Government Reorganization Act and that the consolidation is actually a dissolution.

Another Antiquated Subdivision Map Rejected

Apr 23, 2009

CP&DR Staff, Legal Digest, Solano County, Subdivision Map Act, Vol. 24 No. 05 May 2009

In the third decision in an emerging line of cases regarding antiquated subdivisions, an appellate court has refused to recognize the legality of a parcel shown on a 1909 subdivision map. The First District Court of Appeal ruled the Solano County map did not satisfy the requirements of the Subdivision Map Act's grandfather clause because the law in effect in 1909 did not address the "design and improvement" of subdivisions.

Court Upholds Reliance On Unspecified Mitigation Bank

Apr 21, 2009

California Environmental Quality Act, Legal Digest, Paul Shigley, Sacramento County, Vol. 24 No. 05 May 2009

In a case regarding a proposed "town center" project in Rancho Cordova, the Third District Court of Appeal has overturned nearly every portion of a Superior Court ruling in favor of environmentalists who oppose the development.

Energy Companies Win Supreme Court's Clean Water Act Ruling

Apr 1, 2009

Clean Water Act, Kenneth Jost, Legal Digest, Vol. 24 No. 05 May 2009

WASHINGTON – The Supreme Court has given power plant operators in California and around the nation an important victory by upholding the Environmental Protection Agency's power to use cost-benefit analyses in deciding whether to require expensive retrofitting to minimize fish-kills.

Environmental groups, however, say they hope the Obama administration EPA will shift policy and take a stricter view of what existing power plants must do to reduce the impact on aquatic life from using ocean or river waters to cool the facilities.

Court Sides With Butte County In Flood Control Suit

Mar 31, 2009

Butte County, CP&DR Staff, Legal Digest, Takings, Vol. 24 No. 04 Apr 2009

A Butte county landowner who claimed that flood control measures undertaken and approved by Butte County amounted to inverse condemnation had all of his arguments rejected by the Third District Court of Appeal. The court ruled that the strict liability standard that applies in most inverse condemnation cases does not apply in the flood control context. Instead, the court determined a rule of reasonableness applied to the claims, and the landowner did not prove that the county acted unreasonably.

Court Rejects In-Lieu Housing Fee Methodology

Mar 30, 2009

Housing, Legal Digest, Paul Shigley, San Joaquin County, Vol. 24 No. 04 Apr 2009

The City of Patterson's in-lieu affordable housing fee has been invalidated by the Fifth District Court of Appeal, which rejected the city's methodology for setting the fee. Homebuilders celebrated the decision as a victory in their long fight to constrain development fees, while affordable housing advocates and municipal attorneys described the ruling as limited.

Environmentalists Blocked From Challenging Forest Regulations

Mar 30, 2009

CP&DR Staff, Legal Digest, Logging, Vol. 24 No. 04 Apr 2009

A sharply divided U.S. Supreme Court has issued a ruling limiting environmental organizations' ability to challenge U.S. Forest Service regulations. The five-judge majority ruled that five environmental groups lacked legal ability – or "standing" – to challenge Forest Service regulations exempting salvage-timber sales of 250 acres or less from statutory environmental review provisions because the organizations could not show they suffered concrete harm from the exemptions.

Groundwater Fee Ruled Exempt From Environmental Review

Mar 23, 2009

California Environmental Quality Act, CP&DR Staff, Legal Digest, Santa Clara County, Vol. 24 No. 04 Apr 2009

A state appellate court has upheld a Santa Clara Valley Water District rate increase as exempt from the California Environmental Quality Act, rejecting multiple arguments from a retail water company that the increase was subject to environmental review.

Stockton Property Acquisition Rejected; City Gets Another Chance

Mar 16, 2009

CP&DR Staff, Eminent domain, Legal Digest, San Joaquin County, Vol. 24 No. 04 Apr 2009

The City of Stockton had no right to take private property on which it later built a minor league baseball stadium, the Third District Court of Appeal has ruled. "This is a case of ‘condemn first, decide what to do with the property later," Justice Kathleen Butz wrote for the unanimous three-judge appellate panel.

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