CP&DR

Company Is Allowed to Contest Review Of A Competitor's Project

Jul 1, 2002

Legal Digest, other, Vol. 17 No. 07 Jul 2002

A garbage company can challenge the environmental review of a competitor's proposed trash processing facility because the garbage company was enforcing a public duty of a local government, the Fourth District Court of Appeal has ruled.

City Can Regulate Use Of State Conservancy Property, Court Rules

Jul 1, 2002

Legal Digest, other, Vol. 17 No. 07 Jul 2002

The City of Malibu can regulate the use of land owned by the Santa Monica Mountains Conservancy, the Second District Court of Appeal has ruled.

U.S. Supreme Court Will Review Lawsuit From California Developer

Jul 1, 2002

Legal Digest, other, Vol. 17 No. 07 Jul 2002

The U.S. Supreme Court has decided to review a Clean Water Act case from California's Central Valley. The case involves the federal government's ability to regulate agricultural activity in wetlands.

'In-Lieu Franchise Fee' Invalidated for Lack of Connection to Costs

Jun 1, 2002

Legal Digest, other, Vol. 17 No. 06 Jun 2002

Flat-rate "franchise fees" that the City of Roseville charges customers of its municipal water, sewer and refuse collections systems are in violation of Proposition 218, the Third District Court of Appeal has ruled.

Opponents of Hazardous Materials Dump Win Right to State Hearing

Jun 1, 2002

Legal Digest, other, Vol. 17 No. 06 Jun 2002

Opponents of a proposed expansion of a hazardous waste dump in rural Kern County took the proper steps to earn a hearing before a state-appointed appeals board, the Fifth District Court of Appeal has ruled in one of its rare published opinions.

State Supreme Court to Decide Special Water District Water, Fire Fee Case

Jun 1, 2002

Legal Digest, other, Vol. 17 No. 06 Jun 2002

The State Supreme Court has accepted for review a Proposition 218 case from Shasta County. All seven justices voted to review the decision in Richmond v. Shasta Community Services District, No. S105078 (see CP&DR Legal Digest, April 2002).

High Court Gives New Life to L.A. Adult Business Zoning

Jun 1, 2002

Kenneth Jost, Legal Digest, Vol. 17 No. 06 Jun 2002

WASHINGTON _ A U.S. Supreme Court decision tentatively upholding a Los Angeles zoning ordinance banning multiple adult businesses at the same location left lawyers for both sides predicting victory at an eventual trial.

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.

Federal Agency Told It Can't Avoid 1-Year Deadline To Decide Listing

May 1, 2002

Legal Digest, other, Vol. 17 No. 05 May 2002

The U.S. Fish & Wildlife Service cannot ignore the one-year deadline to decide on a petition for protecting a species under the Endangered Species Act, the Ninth U.S. Circuit Court of Appeals has ruled.

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