Legal Digest
Requests For Public Agency Emails Cost Landowner
30 April 2008 - 8:43am | Author: Paul Shigley
A property owner that lost a California Environmental Quality Act suit against the City of San Rafael has been told to pay the city for costs incurred recovering emails related to the property and a proposed development project.
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Price: $2.95Environmental Review Cases Stack Up At State High Court
30 April 2008 - 8:39am | Author: CP&DR Staff
The state Supreme Court has accepted a case involving the baseline for an environmental impact report of a Southern California oil refinery project. The decision to accept the case means the state high court now has four California Environmental Quality Act (CEQA) cases pending.
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Price: $2.95Grand Terrace Ordered To Prepare EIR For Senior Housing
30 April 2008 - 8:22am | Author: CP&DR StaffSan Bernardino County | California Environmental Quality Act | Legal Digest | Vol. 23 No. 05 May 2008
An environmental impact report is necessary for a 120-unit senior housing facility in the City of Grand Terrace, the Fourth District Court of Appeal has ruled. The unanimous three-judge appellate panel upheld a trial court judge’s ruling that a mitigated negative declaration for the project was inadequate.
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Price: $2.95Eminent Domain: Value Based On Actual, Not Hypothetical, Use
22 April 2008 - 8:22am | Author: CP&DR Staff
A hypothetical or speculative use of property is not a proper basis for determining damages caused by a city’s temporary construction easement, the First District Court of Appeal has ruled.
The unanimous three-judge appellate panel overturned a jury’s decision to award a Fremont homeowner $195,000 in temporary severance damages. The First District ruled that the trial court judge improperly permitted the jury to consider compensation for hypothetical — rather than actual — injuries.
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The unanimous three-judge appellate panel overturned a jury’s decision to award a Fremont homeowner $195,000 in temporary severance damages. The First District ruled that the trial court judge improperly permitted the jury to consider compensation for hypothetical — rather than actual — injuries.
Price: $2.95Environmental Groups Win Legal Fees In Delta Litigation
22 April 2008 - 8:16am | Author: CP&DR Staff
In a potentially important decision for environmental advocates, the Third District Court of Appeal has ruled that environmental groups are eligible for attorney’s fees in a Bay-Delta water lawsuit, even though public agencies won similar litigation.
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Price: $2.95Landowner's Defamation Suit Against Elected Official Advances
17 April 2008 - 9:11am | Author: CP&DR Staff
The Ninth U.S. Circuit Court of Appeals has permitted a property owner’s defamation lawsuit against a San Diego County supervisor to go forward.
A divided three-judge panel overturned a lower court’s ruling that Manufactured Home Communities’ lawsuit against Supervisor Dianne Jacob was a SLAPP suit. The Ninth Circuit determined that a jury could find some of Jacob’s challenged statements were “actionable as provably false assertions of fact.”
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A divided three-judge panel overturned a lower court’s ruling that Manufactured Home Communities’ lawsuit against Supervisor Dianne Jacob was a SLAPP suit. The Ninth Circuit determined that a jury could find some of Jacob’s challenged statements were “actionable as provably false assertions of fact.”
Price: $2.95Fresno Directed to Reconsider Whether Buildings are Historic
4 April 2008 - 11:25am | Author: CP&DR Staff
The City of Fresno cut short its inquiry into the historic significance of two apartment buildings, one of which is proposed for demolition, the Fifth District Court of Appeal has ruled.
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Price: $2.95Election Law Declared Invalid, San Clemente Referendum Proceeds
4 April 2008 - 11:19am | Author: CP&DR Staff
Voters in the City of San Clemente will decide on a building height and view ordinance, thanks to a state appellate court ruling regarding signature gathering for a referendum of the ordinance.
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Price: $2.95Trial Court Told to Reconsider Injuction Against LAUSD Project
4 April 2008 - 10:49am | Author: CP&DR Staff
The Second District Court of Appeal has ruled that a lower court erroneously rejected an injunction requested by a community group that is seeking to prevent construction of a new school in Los Angeles’s Echo Park area.
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Price: $2.95Eminent Domain Valuation Case Depublished
31 March 2008 - 10:19am | Author: CP&DR Staff
The California Supreme Court has depublished an eminent domain case from San Diego County on the question of when to value property taken by the government.
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