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Cap and Trade roundup: debate over revenues continues
With $1.54 billion already spent on California carbon emission rights, debate continues on whether the state's cap-and-trade auction process is valid and what the auction proceeds are for.
Martha Bridegam
Mar 25, 2014
Healdsburg wants Toronto and New York to know its faucets are fine.
[This item has been updated with CDPH comment.] Officials of Healdsburg and at least three smaller water districts have been trying to shed unwanted status as poster children for the California drought. In a January 28 press release at http://www.cdph.ca.gov/Pages/NR14-012.aspx, the Department of Public Health issued a list of 17 communities that it said were at risk for running out of drinking water. Since then, Healdsburg City Manager Marjie Pettus has been insisting she do
Martha Bridegam
Mar 25, 2014
EIR found deficient on Kern Water Bank
In a pair of decisions March 5, the Sacramento County Superior Court's Judge Timothy Frawley invalidated parts of the EIR that has been allowing the Kern Water Bank, a major groundwater reserve near Bakersfield, to function under its current legal framework. The water bank's physical operations and environmental safeguards were at issue, against a background that includes conservationists' criticism of influence in the bank's governance by entities associated with food and fa
Martha Bridegam
Mar 25, 2014
LA grading permit ordered despite no tract map
A Saudi prince's Los Angeles family compound plan in Benedict Canyon has won an appellate court's order clearing the way for a grading permit across a large hillside area, even though the sponsors did not file a tract map. Writing for a unanimous three-judge panel of the Second District Court of Appeal, Justice Victoria Gerrard Chaney upheld the trial court's order, which found no tract map is required where the land in question will not be subdivided.
Martha Bridegam
Mar 25, 2014
Court defers to local officials, geography on 11ft variance in Del Mar
In a dispute between tenacious neighbors in Del Mar, the Fourth Appellate District upheld a variance for plans to tear down and rebuild a house at its existing distance from the street although it did not meet a local 20-foot front yard setback requirement. The court said property owner Jon Scurlock's right to seek a variance for his "complete remodel" was independent of the old building's existing nonconformity, and it found substantial evidence for local officials' decision
Martha Bridegam
Mar 25, 2014
HOA's members need not testify about their own side's strategy meetings
Lawyers for organizations may feel both shudders and relief on reading a recent appellate decision protecting attorney-client privilege for the members of a La Jolla homeowners' association. Shudders, that a local court's discovery order would have required individual homeowners to recount group strategy meetings held by their HOA's lawyers. Relief, that the Fourth District Court of Appeal has blocked the order.
Martha Bridegam
Mar 25, 2014
Property owners can't "walk away from" coastal development conditions
Ruling for the Coastal Commission against property owners represented by the Pacific Legal Foundation, California's Second Appellate District cited the doctrine of collateral estoppel to find that an easement condition on a coastal development permit, once final, cannot be contested in a second permit application.
Martha Bridegam
Mar 25, 2014
HUD's OIG Joins California Redevelopment Wake
HUD's in-house auditor has joined the chorus asking what now becomes of assets funded through California redevelopment agencies.
Martha Bridegam
Mar 19, 2014
CP&DR News Summary, March 18, 2014: Delta water decisions, Legislative Analyst updates
March 13 was a bad day for big water in California. A state appellate court blocked preliminary studies for the Delta water tunnel on takings grounds, and the federal Ninth Circuit threw its weight against California's existing southbound hydraulics on behalf of the tiny Delta smelt. Studies for Delta tunnel project found to be takings in themselves.
Martha Bridegam
Mar 19, 2014


A Black Hole On Wilshire Boulevard
The tar pit–inspired scheme by Swiss architect Peter Zumthor to replace the eastern half of the Los Angeles County Museum of Art is a rare misstep by one of the world's most gifted architects. Surprisingly for a Pritzker-winning architect famed for his sensitivity to context and site, this ink blotch of a design shows little understanding of its park site, or, for that matter, the context of Wilshire Boulevard, Los Angeles as a whole, or museums as a building type. It should
Morris Newman
Feb 17, 2014
L.A. County Can't Take Coastal Control Unilaterally
The California Second District Court of Appeal has sided with the Coastal Commission against organic farmers accused of damaging habitat on a ridge above Topanga Canyon. In a January 24 ruling, the Second District refused to block cease and desist and restoration orders issued by the Commission to property owners Stefan, Kathryn and Rahel Hagopian.
Martha Bridegam
Feb 12, 2014
Ceres' West Landing Specific Plan Annexation Gains From Opponents' Procedural Slip
A square mile of Central Valley farmland moved closer to development with the defeat, on procedural grounds, of a CEQA and reorganization challenge to the annexation of 960 acres by the City of Ceres under its West Landing Specific Plan.
Martha Bridegam
Feb 12, 2014
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