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Legal Digest
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The Ventura panel of the Second District Court of Appeal has issued two unpublished opinions, both favoring a city in Ventura County over claims made by local residents and property owners.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
1 day ago


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
1 day ago
Judge Rules Agains Patterson On Impact Fees
Building Industry Association's argument that nexus study numbers don't add up.
William Fulton
1 day ago


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 The ruling is unpublished and therefore cannot be used as precedent.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
City Can Delegate Final Housing Element Approval To Manager
Apparently a city can delegate final approval of its housing element to the city manager – and not hold a final public hearing – so long as the final changes as a result of negotiating with the Department of Housing and Community Development are relatively minor.
William Fulton
Dec 21, 2025
Slow-Growthers Fail To Stop Changes In Carlsbad Growth Management Law
Carlsbad’s growth management plan – dating from the 1980s – is often held up as a model of integrating private residential growth with public infrastructure. (It’s even highlighted in Guide To California Planning.) Times have changed in the last 40 years and local growth control advocates say the Carlsbad City Council has not stuck to the spirit of the initiative. But the growth control folks keep losing in court.
William Fulton
Dec 21, 2025
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