CP&DR

Cal Supremes Return Water Treatment Plant Case To Appellate Court

May 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 05 May 2003

A 2002 appellate court decision that subjected a proposed water treatment plant to local zoning and building ordinances appears to be on shaky ground.

State Supreme Court To Review Coastal Commission's Constitutionality

May 1, 2003

Legal Digest, Paul Shigley, Vol. 18 No. 05 May 2003

The state Supreme Court appears to be ready to undertake a sweeping review of the California Coastal Commission's makeup and its permitting activities — possibly even permits issued long ago. The court decided in April to review a case in which the Third District Court of Appeal ruled that the method of appointing the Coastal Commission violated the separation of powers doctrine.

Wasco Development Agreement Dispute Returns To Trial Court

May 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 05 May 2003

A developer's lawsuit alleging that the City of Wasco breached a development agreement by withdrawing funding for infrastructure is not subject to the statute of limitations in the Subdivision Map Act, the Fifth District Court of Appeal has ruled. The court ruled that the dispute was over an interpretation of the development agreement, which was not an action arising out of the Subdivision Map Act.

AG Says City Can Regulate Boarding Houses In R-1 Zone

May 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 05 May 2003

A city may prohibit or regulate a boarding house with at least three tenants in a low-density residential zone, according to a state Attorney General's opinion. "[P]reserving the residential character of a neighborhood is a legitimate government purpose that may be reasonably achieved by prohibiting commercial enterprises such as operating a boarding house business," Deputy Attorney General Anthony DaVigo wrote.

9th Circuit Won't Consider Tahoe Takings Claims

Apr 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 04 Apr 2003

A takings lawsuit by Lake Tahoe area property owners against the Tahoe Regional Planning Agency (TRPA) has been tossed out by the Ninth U.S. Circuit Court of Appeals because the court had already ruled on the matter.

County Allowed To Include Subdivision, Church In Same EIR

Apr 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 04 Apr 2003

Placer County did not violate state law by including two projects in one environmental impact report, the Third District Court of Appeal has ruled. The county did not abuse it discretion by covering a 31-lot subdivision and a large church — which started out as two parts of the same project — in one EIR, the court held.

Cal Supremes To Consider CEQA Attorneys' Fees Case

Apr 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 04 Apr 2003

The state Supreme Court will review a case involving the awarding of attorneys' fees in a CEQA lawsuit.

Court Rejects Water Analysis For 2,500-Unit Project

Apr 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 04 Apr 2003

An environmental impact report for a proposed subdivision that would rely heavily on the State Water Project has been invalidated by the Second District Court of Appeal. The EIR for the 2,500-unit West Creek project in Los Angeles County failed to say that deliveries by the State Water Project (SWP) are not reliable, and the study appeared to postpone a final decision on water until the subdivision approval process.

Coastal Commission Project Review Runs Afoul Of Court Order

Apr 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 04 Apr 2003

The California Coastal Commission did not have authority to modify a coastal development permit that the San Mateo County Superior Court had ordered the City of Half Moon Bay to approve, the First District Court of Appeal has ruled.

SD Stormwater Regulations Stand

Apr 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 04 Apr 2003

Builders and local governments have lost the first court ruling on the newest generation of municipal stormwater permits.

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