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San Diego County

Landowner's Defamation Suit Against Elected Official Advances

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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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Eminent Domain Valuation Case Depublished

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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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State Supreme Court Dismisses Review of San Diego Ordinance

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The California Supreme Court has dismissed a case involving San Diego County’s antenna ordinance because the Ninth U.S. Circuit Court of Appeals struck down the ordinance last year.
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SD County Zoning Ordinance Survives 2 Suits Mostly Intact

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San Diego County’s adult business ordinance has mostly survived two federal court challenges. In separate rulings, the Ninth U.S. Circuit Court of Appeals held that the ordinance’s zoning provisions pass constitutional muster.
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San Diego Wins High-Profile Eminent Domain Case

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A San Diego merchant who has become one of the state’s leading fighters against eminent domain has not only lost his appeal of a trial court decision upholding the taking of his shop, but he has also lost a $9 million award of compensation and attorneys’ fees.
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In San Marcos, Downtown Takes Root In Floodplain

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San Marcos is suffering from a syndrome. (We’re talking metaphors here, gentlemen; no need to call the process server.) The name of the ailment that afflicts this attractive, upscale suburb north of San Diego could be called Nowhere in Particular Syndrome. The symptoms include the lack of a center, coupled with a sense that one could be nearly anywhere in America—anywhere, in fact, that suffers from the same anonymity.
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Poway’s Mandatory Bond Hearing Fails To Satisfy Appellate Court

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The City of Poway did not conduct an adequate hearing before issuing tax-exempt bonds for the purchase of a mobile home park, the Fourth District Court of Appeal has ruled.
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San Diego County Antenna Use Permit System Invalidated By 9th Circuit

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The Ninth U.S. Circuit Court of Appeals has upheld a district court ruling that strikes down San Diego County’s ordinance regulating the location and appearance of cell phone antennas and other wireless facilities.

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Rancho Guejito: Environmental Gem Or New Growth Area?

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The owners of a 22,000-acre ranch in San Diego County are making preliminary moves to develop their property, located several miles east of Escondido. However, environmentalists, public land advocates and even a pro-growth county supervisor are already lining up in opposition.
The property is Rancho Guejito, which is both one of the last intact Spanish land grants remaining in California and the largest parcel of undeveloped, privately owned land in San Diego County. Environmentalists have long wanted to protect the property, which is mostly untouched except for cattle grazing on portions of the site.

 

 

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Court Ruling Offers Warning To Habitat Plan Negotiators

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When San Diego’s Multiple Species Conservation Plan (MSCP) was adopted a decade ago, then-Interior Secretary Bruce Babbitt declared it “a model to the nation for how to plan for and balance the needs of man and nature.” Ambitious in geographical scale, daunting in jurisdictional complexity, the plan was intended to regulate development across nearly a quarter of the fast-urbanizing county in such a way as to minimize conflict over scores of rare, threatened or endangered species and their habitats.

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