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Santa Barbara River Mining EIR Upheld
The Court of Appeal has upheld an environmental impact report dealing with mining in a dry riverbed in Santa Barbara County. Troesh Materials, Inc. submitted an application to the County of Santa Barbara ("County") to operate a new mine within the dry bed of the Cayuma River. The mine would be positioned away from the active streambed and roughly 1,500 feet upstream from an existing, active mine. Potential excavation could proceed to a maximum depth of 90 feet, with an averag
William W. Abbott
Apr 16, 2013
Adjacent Properties Not Part of One Development for Takings Purposes, Federal Circuit Rules
The Court of Appeals for the Federal Circuit held that, in determining the relevant parcel of land for purposes of analyzing a regulatory takings claim based on the denial of the U.S. Army Corps of Engineers of a Clean Water Act § 404 fill permit, the Court of Federal Claims shou
Glen C. Hansen
Apr 16, 2013
Plastic Bag Fee Not Subject to Proposition 26
A 10-cent-per-plastic-bag fee imposed by Los Angeles County is not subject to Proposition 26 because the revenues are retained by the retailers and not given over to the county, an appellate court has ruled.
William W. Abbott
Apr 16, 2013
More Than 40 Redevelopment Lawsuits Filed Against DOF
At least forty-two lawsuits have been filed in the past year regarding disputes arising from the end of redevelopment, according to a study by the League of California Cities. League officials there think even more lawsuits have been filed in recent weeks.
Larry Sokoloff
Feb 12, 2013
DOF Puts Post-Redevelopment Coal In Cities' Stockings
The holiday season continues to be a cruel time of year for California's redevelopment community. Last year, the state Supreme Court struck a blow on Dec. 29, allowing the state to abolish redevelopment agencies. And this year, on Dec. 18, the state Department of Finance denied f
Larry Sokoloff
Jan 1, 2013
Legal Digest: Two LAFCO Rulings Reveal Importance of Commissions
While perhaps not surprising news to LAFCO wonks like Peter Detwiler, two recent decisions illustrate the special role that local agency formation commissions play in influencing local government and special district activities.
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Dec 4, 2012
Legal Digest: Fanita Ranch EIR Struck Down, Delaying Project Again
The Fourth District Court of Appeal has struck down the environmental impact report for a large development project in Santee, saying the EIR failed to deal with several water supply issues, including a discrepancy between the EIR and the water supply assessment as to how much water the project would consume.
William W. Abbott
Dec 4, 2012
Insight: Has The Funding Spigot For Planning Run Dry?
Five years ago, the planning and development world in California was flush with money. With 20% of the nation's planners and at least that percentage of real estate developers, the state was awash in plans. Big general plans were paid for by flush general funds. Redevelopment agencies had plenty of money to update their redevelopment plans and then subsidize the resulting projects. Ambitious specific plans to accommodate flashy new projects – both infill and greenfield – were
William Fulton
Dec 4, 2012
Mobile Home Conversions Subject to Coastal, Mello Acts, Cal Supremes Rule
The California Supreme Court ruled Thursday that the conversion of a mobile home park from rental to ownership status is subject to the Coastal Act and also to the Mello Act, which lays down procedures for replacing affordable housing in the coastal zone.
William Fulton
Nov 30, 2012
West Sac Passes Controller's Redevelopment Test; Hercules Still Struggling With Aftermath of Scandal
West Sacramento has become the first city to emerge unscathed from a redevelopment audit by the State Controller's Office. Meanwhile, the Bay Area city of Hercules finds its asset transfers caught in the crossfire of a variety of other problems, including alleged long-term mismanagement of the redevelopment agency.
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Nov 18, 2012
Funding Combination Nullifies Prevailing Wage Exemption
There is some irony in contemplating the demise of state affordable housing programs at this moment. Residential values have taken a major haircut and interest rates are at record lows, the two factors together resulting in new levels of affordability. Nevertheless, over the long run, state programs have served a vital role in affordable housing and from a long term policy perspective, should remain funded and operational. The most recent decision in this area, in Housing Par
William W. Abbott
Nov 13, 2012
County May Consider Survey Results for Mobile Home Park Conversion
Mobile home parks often represent meaningful opportunities for cities to provide affordable housing. Conversions of rental mobile home parks to individual ownerships can lead to thorny issues. They can create affordable ownership opportunities for lower income families and individuals, or they can displace the same economically disadvantaged households burdened with a difficult-to-relocate housing asset.
William W. Abbott
Nov 13, 2012
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