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Legal Digest
CEQA Firm Wins Attorney's Fees Case
Links to labor unions were too speculative to prove potential financial benefit -- and Housing Accountability Act argument also failed.

William Fulton
Mar 22
When Is A Fee Not A Fee?
When it's an in-lieu fee for affordable housing.

William Fulton
Mar 15
Legal Briefs: Ventura Main Street, Camarillo Costco
The Ventura panel of the Second District Court of Appeal has issued two unpublished opinions, both favoring a city in Ventura County over claims made by local residents and property owners.

William Fulton
Feb 16


Challenge To Density Bonus Project Fails In Federal Court
An attempt to challenge the Density Bonus Law and L.A.'s ED1 in federal court on constitutional grounds failed.

William Fulton
Feb 16


Judge Rules Against Patterson On Impact Fees
Building Industry Association's argument that nexus study numbers don't add up.

William Fulton
Feb 16


Cities Don't Need Project-Specific CEQA On Housing Element Sites
In a case from Tiburon, an appellate court said future housing projects are not "reasonably foreseeable".

William Fulton
Feb 9
Legal Briefs: Ruling on Incompleteness, Vallejo v. American Canyon
Judge Sides With Developers On Preliminary Application Timing
A Santa Clara County judge has ruled that developers are entitled to a new 90-day extension under the Housing Crisis Act every time a city or county rules that a development application is incomplete.

William Fulton
Feb 3
A Cheeky Plan To Win CEQA Attorney's Fees Fails
A Berkeley citizen group lost its challenge to People's Park in the legislature and the California Supreme Court. But that didn't stop the group from claiming enough of a victory to seek $1 million in attorney's fees. An appellate court shot the idea down.

William Fulton
Jan 25
Benicia Properly Used SB 35 For Projects In Historic Arsenal District
A challenge to two SB 35 projects in Benicia by a local preservation group – arguing, among other things, that the projects involved historic structures and wetlands – has been struck down by the First District Court of Appeal. The ruling is unpublished and therefore cannot be used as precedent.

William Fulton
Jan 17
La Habra Housing Element Case Published
A case which says a city can delegate final approval of its housing element to the city manager -- and not hold a final approval -- has been published by the Fourth District Court of Appeal.

William Fulton
Jan 17
CEQA v. HHA Looks Like A Draw For Now
So, in the battle between the California Environmental Quality Act and the Housing Accountability Act, which law wins?

William Fulton
Jan 3


Moving Playground Equipment Is Exempt From CEQA
The City of Davis doesn’t have to do an environmental analysis under the California Environmental Quality Act in order to move playground equipment from one location to another.

William Fulton
Jan 3
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