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Legal Digest


Cal Supremes Clip Coastal Commission's Wings
The court was forced to interpret the meaning of a confusing map in the Local Coastal Plan. The justices concluded that the project was outside any environmentally sensitive area.

William Fulton
Apr 26


Sacramento Civil Rights Group Loses Battle Over Public Housing Project
The city is proposing a specific plan that would destroy part of the historic project. But the court ruled that it was not required to consider an alternative plan put forth by advocates.

William Fulton
Apr 21


HOA Can Block Homeowner's Construction of Junior ADU
San Diego judge rules that prohibition on HOA bans of ADUs apply only to property zoned for single-family use.

William Fulton
Apr 13
Builder's Remedy Brings Dueling Lawsuits In Santa Cruz
A local developer's approval of one project got sued by neighbors, while the same developer sued the county for not approving a second project.

William Fulton
Apr 13
CEQA Firm Wins Attorney's Fees Case
Links to labor unions were too speculative to prove potential financial benefit -- and Housing Accountability Act argument also failed.

William Fulton
Mar 22
When Is A Fee Not A Fee?
When it's an in-lieu fee for affordable housing.

William Fulton
Mar 15
Legal Briefs: Ventura Main Street, Camarillo Costco
The Ventura panel of the Second District Court of Appeal has issued two unpublished opinions, both favoring a city in Ventura County over claims made by local residents and property owners.

William Fulton
Feb 16


Challenge To Density Bonus Project Fails In Federal Court
An attempt to challenge the Density Bonus Law and L.A.'s ED1 in federal court on constitutional grounds failed.

William Fulton
Feb 16


Judge Rules Against Patterson On Impact Fees
Building Industry Association's argument that nexus study numbers don't add up.

William Fulton
Feb 16


Cities Don't Need Project-Specific CEQA On Housing Element Sites
In a case from Tiburon, an appellate court said future housing projects are not "reasonably foreseeable".

William Fulton
Feb 9
Legal Briefs: Ruling on Incompleteness, Vallejo v. American Canyon
Judge Sides With Developers On Preliminary Application Timing
A Santa Clara County judge has ruled that developers are entitled to a new 90-day extension under the Housing Crisis Act every time a city or county rules that a development application is incomplete.

William Fulton
Feb 3
A Cheeky Plan To Win CEQA Attorney's Fees Fails
A Berkeley citizen group lost its challenge to People's Park in the legislature and the California Supreme Court. But that didn't stop the group from claiming enough of a victory to seek $1 million in attorney's fees. An appellate court shot the idea down.

William Fulton
Jan 25
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