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Legal Digest
ADU Ruling May Allow Developers To Sue For Damages On Ministerial Projects
Appellate court says property owner has "private right of action" in the case of permitting delays.

William Fulton
Oct 26
New Injection Wells At Old Oil Field Aren't Exempt From CEQA
But appellate criticizes CalGEM for mixing exemption with initial study.

William Fulton
Oct 19
Interpreting The General Plan Is Up To The City, Not A Judge
In a case from Laguna Beach, an appellate court overruled a trial judge and said the city's calculation of a parcel's slope is binding.

William Fulton
Oct 19
Discretionary Lot-Line Adjustment Case Published
A recent appellate case declaring that a lot-line adjustment was not ministerial has been published, meaning it can now be used as precedent in other cases.

William Fulton
Oct 12


SF's Tiered CEQA Review For Housing Project Upheld
An appellate court has upheld San Francisco’s decision to use streamlined environmental review for a proposed housing project that incorporates an historic library, essentially upholding the city’s use of tiering off of its housing element environmental impact report. The ruling is unpublished and therefore cannot be used as precedent in other cases.

William Fulton
Oct 12
Additional Housing In UC Santa Cruz's Long-Range Plan Is Not A CEQA Mitigation
In a complicated but unpublished ruling, an appellate court overturned a Santa Cruz judge's decision.

William Fulton
Oct 12


Developer Sues Menlo Park Over Sunset Magazine Project
The battle over redevelopment of the Sunset Magazine headquarters in Menlo Pack has reached fever pitch, with the city refusing to back down in its resistance to the project and the developer filing a lawsuit asking that the city be hit with at least $6.6 million in fines.

William Fulton
Oct 6
Historic Inventory CEQA Case Published
The move means that a ruling requiring CEQA analysis on the removal of each indnividual historic resoruce may now be used as precedent in future court cases.

William Fulton
Sep 28
CEQA Mitigations And Exemptions Don't Mix
In a case from Menifee, an appellate court rules that a project's sound wall was a mitigation and therefore the Class 32 exemption can't be applied.

William Fulton
Sep 28


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
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