top of page
Legal Digest
Court Says Anaheim Played Bait-and-Switch on Hotel Developer
The Fourth District Court of Appeal has blocked the City of Anaheim's attempt to build a surface parking lot on a property adjacent to two new hotels rather than a parking structure, as was implied in a conditional use permit the city approved in 1999. Technically, the appella
William Fulton
Jan 3, 2016
First District Orders Cal State East Bay to Reconsider Offsite Traffic Mitigation
In light of a similar ruling by the California Supreme Court in a case from San Diego, the First District Court of Appeal has ordered Cal State East Bay to revisit the question of offsite traffic mitigation in the environmental impact report for its long-range master plan. As the
William Fulton
Dec 3, 2015
County Can't Recapture Money Loaned to Redevelopment Agency, Court Rules
San Bernardino County is not entitled to the return of $9 million in loan principal to the former county redevelopment agency, even though the funds were not tax-increment revenues and had come from the county's general fund, the Third District Court of Appeal ruled Monday.
William Fulton
Dec 1, 2015
Separation of Property by Condemnation Does Not Equal Subdivision, Court Says
The division of one parcel into four noncontiguous pieces via eminent domain does not automatically create four legal parcels and permit the landowner to avoid the Subdivision Map Act, the First District Court of Appeal has ruled. \n "We hold that a 'division' of property within
William Fulton
Nov 2, 2015
Carson May Deny Mobile Home Subdivision Based on General Plan Inconsistency, Court Rules
In a split decision, the Second District Court of Appeal has ruled that the City of Carson acted properly in denying the subdivision of a mobile home park because this change in ownership structure was inconsistent with the general plan by placing at risk wetlands within the park
William Fulton
Aug 24, 2015
Cal Supremes Agree to Hear Banning, Newhall Ranch Cases
The California Supreme Court has agreed to hear two important planning and development cases - one involving Banning Ranch in Newport Beach and one involving the seemingly endless Newhall Ranch project.
William Fulton
Aug 23, 2015
Was Supreme Court's Ruling on Sign Ordinance Over-Broad?
Cities' ability to control their streets' aesthetics may be affected by a June 18 U.S. Supreme Court ruling on content-based regulation of signage, but perhaps not as drastically as they had feared. \n In Reed v. Town of Gilbert , a six-justice majority of the high court applied
Martha Bridegam
Jun 22, 2015
There Was No Way the Builders Were Going to Win the San Jose Case
Yesterday's landmark ruling by the California Supreme Court upholding San Jose's inclusionary housing ordinance was rightly hailed as a huge victory for affordable housing advocates. But the truth is that the ruling shouldn't be viewed as a surprise. It was a very difficult case
William Fulton
Jun 16, 2015
South-Central Burger Stand Is a Nuisance, Appellate Court Rules
A South-Central Los Angeles fast-food establishment constituted a public nuisance that merited additional restrictions on its operations, the Second District Court of Appeal has ruled. \n The City of Los Angeles determined that Tam's Burgers No. 6 - located at Figueroa and 101st
William Fulton
May 12, 2015
Santa Clara Water Pump Charge Didn't Violate Prop. 218, Court Rules
In a case that would appear on its face to conflict with a different appellate ruling filed just two weeks ago, the Sixth District Court of Appeal has ruled that a groundwater pump charge is a property-related charge subject to Proposition 218. \n However, the court also ruled th
-
Mar 31, 2015
Bias Councilmember Should Not Have Been Permitted to Appeal Permit Decision, Court Rules
The City of Newport Beach improperly permitted a councilmember who was openly opposed to a bar's permit to appeal the planning commission's decision granting the permit and to vote on the permit appeal, the Fourth District Court of Appeal has ruled. The appellate court also ruled
William Fulton
Mar 22, 2015
Groundwater Pump Charges Not Subject To Propositions 13 and 26, Court Rules
United Water Conservation District may charge urban water users higher groundwater pumping fees than agricultural users, the Second District Court of Appeal has ruled. The court concluded that the fees are not property-based and therefore not subject to Proposition 13. In additio
-
Mar 22, 2015
bottom of page
