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Legal Digest
San Diego Not Quite Off The Hook In Brown Act Case
The City Council has changed its non-agenda public comment ordinance, but they're not off the hook yet.
William Fulton
Jun 6, 2016
Anti-SLAPP Motion Denied In Carson NFL Case
An appellate court has denied an anti-SLAPP motion to strike in a long-running dispute between rival developers and the City of Carson.
William Fulton
Jun 6, 2016
Elimination of Minimum Housing Densities Not Exempt From CEQA
Overturning the decision of a trial judge, the Fourth District Court of Appeal has ruled that the City of Palm Springs’s decision to eliminate minimum residential densities from its general plan is exempt from the California Environmental Quality Act.
William Fulton
Jun 2, 2016
Pro-Environment Ruling Overturned In San Bernardino Groundwater Pumping Case
Overturning a trial judge, the Fourth District Court of Appeal has ruled that the private water company Cadiz Inc. and two public agencies did not violate the California Environmental Quality Act in moving forward a groundwater pumping and restoration project in San Bernardino Co
William Fulton
May 17, 2016
County Can't Undermine Dispensary Referendum, Court Rules
In repealing a medical marijuana ordinance that a referendum sought to overturn, the Kern County Board of Supervisors erred in also repealing the underlying ordinance that the referendum's backers were seeking to reinstate, the Fifth District Court of Appeal has ruled. It's the t
William Fulton
Apr 12, 2016
State "Incentives" To Charter Cities To Use Prevailing Wage Struck Down
A state law that prohibits charter cities from receiving state funds for a public construction project if it allows the contractors to not pay prevailing wage has been upheld by a split appellate court.
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Apr 5, 2016
City Doesn't Inherit Redevelopment Housing Obligations, Appellate Court Rules
In the latest chapter of a long-running legal battle over affordable housing and redevelopment in Fontana, the Fourth District Court of Appeal has ruled that the city is not required to take on the former redevelopment agency's affordable housing obligations.
William Fulton
Mar 28, 2016
Disputed Redevelopment Funds Can't Be Withheld, Court Rules
Under Proposition 22, neither the state Board of Equalization nor a county auditor-controller can constitutionally withhold tax funds as part of a redevelopment dispute, as called for by AB 1484, the 2012 bill that cleaned up the redevelopment wind-down, the Third District Court
William Fulton
Mar 21, 2016
Second District Upholds L.A. Billboard Restrictions
The Second District Court of Appeal has ruled that the City of Los Angeles's ban on billboards advertising offsite businesses is not content-based and therefore not subject to the "strict scrutiny" test under free-speech clauses in either the U.S. or California constitution.
William Fulton
Mar 15, 2016
Presidio Trust Didn't Violate Historic Preservation Law In Planning New Development, Ninth Circuit Rules
The Ninth U.S. Circuit Court of Appeals has ruled that The Presidio Trust can move forward with the construction of a 12-building complex commonly referred to as a "lodge" in the vicinity of the Main Parade Ground. In so doing, the court rejected arguments from the Sierra Club an
William Fulton
Feb 1, 2016
Billboard Company Has No Case Against City of Corona, Court Rules
An outdoor advertising company that erected a billboard without permits in the City of Corona was not discriminated against and did not have its constitutional rights violated by the city's action, the Fourth District Court of Appeal has ruled.
William Fulton
Feb 1, 2016
Fish & Wildlife Created Physical Taking In Flooding Del Norte Subdivision
In a 61-page opinion, the Third District Court of Appeal has ruled that the Department of Fish & Wildlife's actions in managing coastal flooding around Lake Tolowa and Lake Earl in Del Norte County constituted a physical taking of the adjacent landowners' property. However, th
William Fulton
Jan 25, 2016
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