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Legal Digest


The SB 79 Litigation Wars Have Begun
Prohousing lawyers file lawsuits against SANDAG and the cities of San Diego, San Francisco, and Montebello

William Fulton
Sep 14
Lot Line Adjustment With Conditions Isn't Ministerial
In case from Los Gatos, appellate court says acceptance of land dedication is discretionary -- meaning the lot -ine adjustment is subject to CEQA

William Fulton
Sep 7
Elimination of Historic Inventory Required CEQA Analysis
Appellate court says Laguna Beach can't remove inventory without examining each individual historic property under CEQA

William Fulton
Sep 7
Legal Briefs: SLO Subdivision, Mount Diablo Legal Fees, High School Lights and CEQA
San Luis Obispo County can’t approve a subdivision map because a condition involving the Coastal Commission has not yet been met, the Second District Court of Appeal has ruled.

William Fulton
Sep 7
Groundwater Regulations Aren't Exempt From CEQA
Sonoma County claimed its new groundwater regulations weren't subject to CEQA. But 95% of its wells would be ministerially approved., and an appellate court disagreed.

William Fulton
Aug 10
HCD Certification Required For Housing Element Approval
L.A. judge rules that Pasadena can't rely on self-certification to avoid builder's remedy, even though application was filed before passage of AB 1886

William Fulton
Aug 2
Coastal Commission Power Trumps Builders Remedy
Developer's argument that Local Coastal Program is a purely local policy that builders remedy can end-run falls flat.

William Fulton
Aug 2
State Sues Five Cities Over Housing Elements, While Others Fall In Line
The moves reflect a new focus by the state on making sure rezonings required by housing elements reach the finish line.

William Fulton
Jul 20
Legal Briefs: Huntington Beach Loses Again On Housing Element, Texas Think Tank Sues Oakland Over Trees
Huntington Beach Loses Anti-SLAPP Motion Against State

William Fulton
Jul 6


Imperial County Gets Sued From Both Sides On Data Center
The county approved the project and drew a CEQA lawsuit from the Sierra Club. Then it imposed a moratorium and drew another lawsuit from the developer.

William Fulton
Jun 29
Cal Supremes Expand CEQA By Changing Standard On Class 1 Exemption
Cal Supremes say test for Class 1 (minor) exemption is the nature of the change, not the risk of environmental harm

William Fulton
Jun 29
SCOTUS Declines To Hear Sheetz Followup
But the Cal Supremes depublished the lower court ruling, so it's unclear whether broad mathematical calculations are still permissible.

William Fulton
Jun 22
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