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Legal Digest
Under Pressure From State, Norwalk Repeals Ban On Shelters
As part of a legal settlement with the state, the city repealed a moratorium and also agreed to greater oversight by HCD.

William Fulton
Sep 20, 2025
Huntington Beach Must Adopt Housing Element Soon
Appellate court rules that 120-day shot clock applies even though Huntington Beach is a charter city.

William Fulton
Sep 15, 2025
General Law Cities Must Abide By SB 9
A judge found SB 9 unconstitutional for charter cities. But an appellate court has now said the same argument doesn't apply to general law cities.

William Fulton
Sep 7, 2025
City-County Water Deal Doesn't Have To Be Consistent With General Plan
Fairfield agreed to treat water for a project outside its urban limit line. An appellate court said that's not a "land use decision".

William Fulton
Aug 30, 2025
In Sheetz Followup, Court Okays El Dorado County Exactions System
The U.S. Supreme Court struck down a more expansive legal standard for exactions. But on remand, a California appellate court has found that the "averaging" system used in El Dorado County meets the narrower legal tests from the Nollan and Dolan cases.

William Fulton
Jul 30, 2025
Fresno Didn't Follow Zoning in Approving Costco With Warehouse
Judge also says city can't rely on greenhouse gas reduction plan that was kicked out by appellate court.

William Fulton
Jul 27, 2025
When CEQA and Housing Elements Conflict
In a small town in Kern County, a water district is using California Environmental Quality Act litigation to fight the city's plans to create more housing as required by the Regional Housing Needs Allocation process.

William Fulton
Jul 20, 2025
Judge Orders Fresno To Approve Housing Project
The city had denied the project, claiming it was inconsistent with the general plan. But the judge, a former city council member, said the inconsistency was not identified during the "shot clock" period under the Housing Accountability Act.

William Fulton
Jul 20, 2025


Settlement Reached in Tahoe Ski Resort Dispute
Agreement on Village at Palisades Tahoe -- formerly Squaw Valley -- ends 14 years of legal wrangling over the expansion of one of the nation's largest ski resorts.

William Fulton
Jul 14, 2025
Developers Can't Use "Upstream" Cap-And-Trade Allowances To Offset GHG Emissions
In a CEQA case involving a Tejon Ranch project in the Antelope Valley, an appellate court concluded that a land use project is not a "covered entity" under the cap-and-trade law the way an oil refinery is.

William Fulton
Jun 29, 2025
Judge Rules Against Citizen Group in Newport Beach Housing Case
Despite a vote requirement ordinance for major General Plan amendments, Housing Element did not have to be submitted to the voters.

William Fulton
Jun 23, 2025
CEQA Ruling Could Make Segmenting Easier
The First District Court of Appeal published a ruling that favored the City of Eureka over opponents of an affordable housing project downtown. The city had separated the surplusing of the land from the selection of the affordable housing developer.

William Fulton
Jun 15, 2025
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