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Legal Digest
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
2 days ago
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
2 days ago
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


Fanita Ranch Shot Down Again
Court says city illegally tried to end-run its own general plan. And just one inconsistency with the general plan can sink a project.
William Fulton
Jun 7


Union Says State Return-To-Work Order Requires CEQA Analysis
At a time when the controversial law is under attack, a state employees' union and a prominent CEQA attorney are seeking to expand it.
William Fulton
Jun 1


Judge Fines Huntington Beach $160,000 For Housing Law Violations
Plus, the city must pay $50,000 a month going forward if it does not pass a compliant housing elements. The Attorney General may go after other cities in the future
William Fulton
May 17


City Wins Latest Round In Santa Barbara Mission Housing Dispute
The developer said the city kept stalling the builder's remedy application. The city sid the developer never actually proved a "disapproval".
William Fulton
May 4


Squishy General Plan Language Has Consequences
Beyond that, where you stand depends on where you sit: Where is the "streetfront" in a suburban shopping center?
William Fulton
Apr 26
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