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Legal Digest
Self-Certification of Housing Elements Called Into Question By Judge
In a case that could have significant implications for the application of the builder's remedy, an L.A. County judge said that La Canada-Flintridge's self-certification of its 2022 housing element may not be enough to get out from under the builder's remedy requirement. He imp
William Fulton
Jul 17, 2023
No Vested Right For Short-Term Rentals
In a case from South Lake Tahoe, an appellate court ruled that the city has the right to eliminate all short-term rental permits in residential zones -- but not to give favorable treatment to local residents.
William Fulton
Jun 26, 2023
City-Sponsored Initiative Requires EIR
An appellate court concluded that San Diego staff emails constituted a "smoking gun" that the city had not considered a proposed increase in the height limit in the Midway area's programmatic EIR.
William Fulton
Jun 26, 2023


Will Constitutionality of Development Agreements Be Challenged?
<p>In a new case from Oakland, an appellate court ruled that the city can impose new fees on an old project despite signing an agreement that seemed to lock the fees in.</p>
William Fulton
Jun 25, 2023
Legal Briefs: Old EIR, HB Attorneys Fees
Koll Center Developer Can Use Old EIR: Kennedy Commission Beats Huntington Beach Again
William Fulton
Jun 19, 2023
Cannabis Businesses Are Just Like Any Other Land Use
At least that's what an appellate court ruled in a case from Pomona that was brought, ironically, by a prospective cannabis merchant who argued otherwise.
William Fulton
Jun 19, 2023
UC Wins A Battle Over Thinning Trees in Berkeley
<p>Dueling environmental groups disagreed over how much the university should thin non-native trees to reduce fire hazard. They both sued -- and they both lost.</p>
William Fulton
Jun 12, 2023
Supreme Court Wetlands Ruling May Have Limited Impact in California
State's water quality law will likely continue to protect wetlands in an expansive way.
William Fulton
May 29, 2023


Compensatory Mitigation Doesn't Apply to San Jose Historic Building
One-for-one mitigation may work for agricultural land or biological resources. But a court has found that it won't work for "The Sphinx" -- a unique and now-demolished brutalist building in downtown San Jose designed by the famous architect Cesar Pelli.
William Fulton
May 29, 2023
Cal Supremes Take Berkeley "Noisy Students" CEQA Case
But Berkeley neighbors lose two other cases in the appellate court -- one dealing with student enrollment levels and the other dealing with a different aspect of the People's Park development.
William Fulton
May 23, 2023


Oakland Property Owner Gets Green Light on 19th-Century Parcel
The city claimed that because the entire 8,800-square-foot property had been conveyed as one more than 75 years ago, the original 25-foot-wide parcels from 1851 were not legal. An appellate court disagreed.
William Fulton
Apr 23, 2023
Clovis Loses Big Housing Element Case
Appellate court says overlay zone doesn't meet state's minimum density requirements because underlying zoning allows less -- and as a result discrimination laws were violated as well.
William Fulton
Apr 11, 2023
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