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Legal Digest
Environmentalists Beat San Diego County on CAP Again
Court rules that vague carbon offsets approach for new development violates CEQA and invalidate the Climate Action Plan.
William Fulton
Jun 16, 2020
Development Agreement Trumps Vesting Tentative Map
Murrieta properly imposed WRCOG's "TUMF" fee while map was still in effect, court rules.
William Fulton
Jun 15, 2020
Not Abandoning A Project Is Not A Project
The state required San Jose to get a new streambed agreement for Willow Glen Trestle Bridge. That doesn't trigger additional environmental review.
William Fulton
May 22, 2020
Sacramento Councilmember Wasn't Neutral In Quasi-Judiclal Action
City must now hold new CUP hearing on Curtis Park gas station case, appellate court rules.
William Fulton
May 15, 2020
High CEQA Baseline Upheld
In an oil refinery case, a split appellate court said using 98th percentile instead of "average" pollution is okay.
William Fulton
Apr 14, 2020
Ban On New Mailbu Vineyards Upheld
Appellate court says landowners didn't provide any compelling reason for the Coastal Commission not to prohibit them.
William Fulton
Apr 6, 2020
Appellate Court Upholds Overturning Agoura Hills Project Approval
Project is surrounded by development. But MND didn't fly on native plant and oak tree issues.
William Fulton
Mar 22, 2020
San Diego Homeless Facility Moves Forward
Both appellate court and Coastal Commission side with city on conversion of Super 8 motel.
William Fulton
Feb 24, 2020
Legal Briefs: San Jose Surplus Land Ordinance Pre-empted by State Law
Also: Statute of limitations on the Mitigation Fee Act, a request to depublish the Millenium Hollywood case, and the U.S. Supreme decline to hear a takings case from Massachusetts involving a local wetlands ordinance.
William Fulton
Dec 22, 2019
SB 743 Stands Up In Court
Challenge to Sacramento General Plan EIR rendered moot by new CEQA guidelines. Court also upholds city's general plan language.
William Fulton
Dec 21, 2019
Man Bites Dog In San Diego Infill Case
Neighbors Sue, Claiming Project Is Not Dense Enough. Appellate Court Rules Against Them.
William Fulton
Dec 17, 2019
Court Tells Richmond To Reconcile Initiative and General Plan
Lower court ruling invalidating initiative is overturned.
William Fulton
Nov 5, 2019
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