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Legal Digest
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
1 day ago


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 The ruling is unpublished and therefore cannot be used as precedent in other cases.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
1 day ago
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In a complicated but unpublished ruling, an appellate court overturned a Santa Cruz judge's decision.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
1 day ago


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
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
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