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Legal Digest
Court Kills CEQA Exemption For Irvine Office Complex
Appellate judges say that density transfer creates potential environmental impacts and therefore an "excxeption to the exemption" under Berkeley Hillsideis warranted.
William Fulton
Feb 13, 2023
Another Wildfire Evacuation CEQA Ruling Delays A Project
San Diego judge's decision also faults the City of San Diego for not analyzing cumuative impacts of several adjacent projects.
William Fulton
Feb 13, 2023
Legal Briefs: Case Against Rancho Planner Can Move Forward
An appellate court partially reverses a lower court decision on an anti-SLAPP motion in a case where a city planner sought to drum up opposition to expansion of a Montessori school.
William Fulton
Feb 6, 2023
Legal Brief: Ventura Fill Excavation Case Published
Court found that developer had not pursued all administrative remedies before suing.
William Fulton
Jan 31, 2023
Important Livermore Housing Ruling Published
Among other things, the appellate ruling found that Livermore's design standards are not objective and therefore cannot be used to deny an affordable housing project.
William Fulton
Jan 31, 2023
Court Still Down in the Weeds on Visual Impact of New Capitol Structure
But appellate justices say state was correct that aesthetics is a subjective matter and not inherently a significant impact.
William Fulton
Jan 24, 2023


Housing Accountability Act Helps Sink Challenge To Downtown Livermore Project
<p>100% affordable project can't be struck down based on subjective standards or lack of strict adherence to specific plan policies. CEQA exemption based on Downtown Specific Plan was also upheld.</p>
William Fulton
Jan 9, 2023
Unexpected Fill Removal Doesn't Lead To Eminent Domain
Developer's ignorance of appeals process means administrative remedies were not exhausted.
William Fulton
Jan 8, 2023
Malicious Prosecution Suit Against Prominent CEQA Lawyer Moves Forward
Appellate court rejected anti-SLAPP motion, saying San Anselmo lawsuit was meritless and lawyer was "indifferent".
William Fulton
Dec 30, 2022
Is CEQA Headed Down A Path To Analyzing Socioeconomic Impacts?
Tentative People's Park ruling raises specter of NIMBYs using demographic information to challenge projects.
William Fulton
Dec 29, 2022
Land Use Laws Override Political Reform Act
In yet another loss, the AIDS Healthcare Foundation had tried to overturn every land-use decision the City of Los Angeles made while corrupt councilmembers were on the land use committee.
William Fulton
Dec 19, 2022


Court Gets Down In The Weeds On Capitol CEQA Case
<p>In striking down Capitol Annex EIR, Third District tells the state which visuals to use and which alternatives to examine.</p>
William Fulton
Dec 12, 2022
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