CP&DR

San Diego City Council Handing Of Stadium Project Ruled Illegal

May 1, 2002

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

While discussing a proposed downtown baseball stadium and adjoining redevelopment project, the San Diego City Council repeatedly violated the California open meeting law because the council's descriptions of closed door negotiations were too general and because some topics should have been discussed in public, the Fourth District Court of Appeal has ruled. The appellate court also ruled that a trial court judge was correct to issue an injunction detailing how the council should comply with the law in the f

San Bernardino County General Plan Amendment Is Invalidated

May 1, 2002

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

An appellate court has invalidated amendments to the San Bernardino County general plan that gave the county greater authority over development within cities' spheres of influences. The Fourth District Court of Appeal ruled that the county's failure to prepare an environmental impact report on the amendments violated the California Environmental Quality Act.

9th Circuit Rules Suit Over Coastal Access Easement Filed Too Late

May 1, 2002

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

The owners of beachfront property are not entitled to compensation for a public access easement that the state required in exchange for a building permit many years earlier, the Ninth U.S. Circuit Court of Appeals has ruled.

U.S. Supreme Court Hands Planners A Clear Victory

May 1, 2002

Kenneth Jost, Legal Digest, Vol. 17 No. 05 May 2002

WASHINGTON _ The U.S. Supreme Court gave state and local governments a green light to continue using temporary moratoria to limit or block development while devising long-range land use plans.

Water Connection Charge is Ruled Exempt From Election Requirement

Apr 1, 2002

Legal Digest, other, Vol. 17 No. 04 Apr 2002

A water connection fee charged by a special district is a development fee not subject to the constraints of Proposition 218, the Third District Court of Appeal has ruled. However, a "fire suppression" assessment levied by the same district is subject to Proposition 218 and required two-thirds voter approval.

Formation Of Extra-Territorial District For Water System Is Upheld

Apr 1, 2002

Legal Digest, other, Vol. 17 No. 04 Apr 2002

The controversial formation an assessment district that includes territory outside the water district that will receive the money has been upheld by the First District Court of Appeal. The court rejected arguments that Solano County manipulated the formation and election processes to circumvent residents who objected to the county's plans.

Court Rules Water Treatment Plant Not Exempt From Local Ordinances

Apr 1, 2002

Legal Digest, other, Vol. 17 No. 04 Apr 2002

A public agency's proposed water treatment plant is subject to local zoning and building ordinances, the Sixth District Court of Appeal has ruled. The court held that the Government Code exemption to local zoning for "facilities for the production, generation, storage or transmission of water" did not extend to a water treatment plant.

State Supreme Court Holds The Line On Takings Law

Apr 1, 2002

Legal Digest, Paul Shigley, San Francisco, Takings, Vol. 17 No. 04 Apr 2002

In its first takings case decision in three years, the state Supreme Court has upheld a San Francisco law that regulates the conversion of residential hotel rooms to tourist use. In a 4-3 decision based largely on its 1996 Ehrlich decision, the court ruled that exactions that are part of a broad plan deserve deferential review, while ad hoc exactions are subject to much closer court scrutiny.

Tiered EIR Thrown Out Because Higher Tier Invalid

Mar 1, 2002

Legal Digest, other, Vol. 17 No. 03 Mar 2002

A tiered environmental impact report has been thrown out because the program EIR on which the tired document was based had been invalidated. The Second District Court of Appeal ruling came in a case involving the Castaic Lake Water Agency's proposed purchase of water from Kern County to serve Newhall Ranch and other development in Los Angeles County's Santa Clarita Valley.

County Prevented From Recoveing Criminal Code Enforcement Costs

Mar 1, 2002

Legal Digest, other, Vol. 17 No. 03 Mar 2002

Counties do not have the authority to recover the cost of investigation and criminal prosecution of code infractions, the Fourth District Court of Appeal has ruled. The court held that cities do have the power to recover the costs of criminal code enforcement activities, but state law treats counties differently.

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