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Legal Digest


Mitigation Doesn't Have To Replace 1:1
In latest Fanita Ranch skirmish, appellate court says conservation easements and better land management are sufficient mitigation for lost gnatcatcher habitat.

William Fulton
Sep 25, 2023
Airbnb Is Not Development
An appellate court strikes down the notion that an Airbnb unit requires a coastal development permit.

William Fulton
Sep 19, 2023
Developer CEQA Battle in Suburban Sacramento
Tsakopoulos Challenges Competitor's EIR on Climate Change -- And Loses.

William Fulton
Sep 19, 2023
Lack Of Funding For Schools Isn't An Environmental Impact
Salinas school districts argued that they'd never be able to build planned schools and so additional environmental analysis needed to be conducted about the impact. They lost.

William Fulton
Sep 12, 2023
San Bernardino Settles Housing Element Lawsuit
City claims it just didn't have enough planning capacity to meet RHNA deadlines.

William Fulton
Sep 5, 2023
La Cañada Flintridge Fires Back At Developer
City claims HCD has no legal authority to approve housing elements -- and also claims the Supreme Court's affirmative action ruling knocks out AFFH argument

William Fulton
Sep 5, 2023
La Habra Wins Skirmish But Lennar Moves Forward With Builder's Remedy
Orange County judge sides with city in homebuilder's attempt to develop golf course property. City says Lennar's builder's remedy application is incomplete

William Fulton
Sep 2, 2023


Sunset District Tower Developer Sues San Francisco
<p>Developer claims that under the Density Bonus Law, density and height can be calculated based on the entire site, not just an individual building.</p>

William Fulton
Aug 27, 2023
Can Zoning Ordinances Keep Up With Solar Facilities?
A dispute from the Livermore area suggests that general plan designations and zoning ordinances have not kept pace with renewable energy advances -- leading to interpretation disputes. In Livermore, the courts have sided with public agency interpretations and against environme

William Fulton
Aug 27, 2023
Builder's Remedy Battle Brewing in Redondo Beach
As in other cities, Redondo claims it "self-certified" its housing element, thus protecting it from a builder's remedy claim. The developer of the city's former beachfront power plant claims HCD approval was required.

William Fulton
Aug 21, 2023
Abandoning A Project Doesn't Require More CEQA Review
When a court told the City of San Diego to engage in more CEQA review, the city abandoned the project. Then the plaintiff tried to get the city to conduct the review anyway -- but an appellate court overruled her.

William Fulton
Aug 20, 2023
CEQA Doesn't Allow You To Break The Law
Montecito homeowners said Santa Barbara County couldn't enforce its encroachment law because the county had to go through a CEQA process. An appellate court said the homeowners who blocked parking spaces on their road were the lawbreakers, not the county

William Fulton
Aug 20, 2023
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