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Legal Digest
Legal Digest: Always Sue The Right Agency!
A property owner who claimed that the San Diego County Airport Land Use Compatibility Plan resulted in a taking of property sued the wrong agencies , the Fourth District Court of Appeal has ruled.
William Fulton
Nov 7, 2017
Legal Briefs: Oct 15, 2017
Legal Briefs: Oct 15, 2017
William Fulton
Oct 16, 2017
Nothing Unusual About Telegraph Hill
Appellate case upholds CEQA exemption for condo project.
William Fulton
Oct 16, 2017
Prop. 13's Vote Requirement May Yet Survive Upland Ruling Intact
A California Supreme Court decision seemed to upend a major provision of Proposition 13 and its companion laws. Exuberant as it is, that analysis is misguided.
Michael G. Colantuono
Sep 14, 2017
Prop. 218 Doesn't Apply to Initiatives
Cal Supremes distinguish between "local government" and "voters".
William Fulton
Aug 30, 2017
Land Purchase Agreement Doesn't Trigger CEQA, Court Rules
Among other things, a 10-slide powerpoint isn't an LRDP.
William Fulton
Aug 14, 2017
CEQA Applies to Public Railroad Projects, Cal Supremes Rule
State railroads -- like the High-Speed Rail project -- are not pre-empted by federal railroad law.
William Fulton
Aug 8, 2017
Supreme Court Backs SANDAG on SCS
Justices overturn lower court but can't say what adequate GHG analysis would be in the future.
William Fulton
Jul 16, 2017
Coastal Permit Conditions Are Land-Use Restrictions, Not Exactions
In a blow to the Pacific Legal Foundation, the California Supreme Court rules that Encinitas landowners can't simultaneously sue and build.
William Fulton
Jul 10, 2017
Appellate Court Gives Malibu Voters A Harsh Lesson
Restricting chain stores via initiative isn't as easy as it looks.
William Fulton
Jul 5, 2017
Can Citizen Testimony Be Enough To Support Findings?
In a new case from San Diego, the Fourth District says yes, overturning a judge who overturned the City Council.
William Fulton
May 27, 2017
College of San Mateo Loses CEQA Case on Remand
Revised project on campus was a modification -- not a new project -- but First District rules that supplemental EIR was not sufficient.
William Fulton
May 22, 2017
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