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Legal Digest
Sacramento Did Not Commit to Downtown Arena Ahead of EIR, Appellate Court Rules
In a ruling critical to moving forward Sacramento's downtown basketball arena, the Third District Court of Appeal has given the City of Sacramento a clean win in a wide-ranging CEQA challenge brought by a group of individual environmentalists. Most significantly, the appellate
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Mar 15, 2015
Mendocino County Timber Plan Upheld by Court
The First District Court of Appeal has upheld Calfire's Nonindustrial Timber Management Plan to permit logging of a 17-acre parcel of land in Mendocino County. The First District also rejected the Center for Biological Diversity's claim that the California Department of Fish & Wi
William Fulton
Jan 20, 2015
Appellate Court Upholds Emeryville's Post-Redevelopment Agreements
In an important victory for local governments, the Third District Court of Appeal has ruled that the state Department of Finance improperly rejected Emeryville's action to re-enter into several redevelopment agreements with its successor agency. The case is perhaps the first b
William Fulton
Jan 19, 2015
Appellate Court Upholds Coastal Commission's Tough Stance on Encinitas Seawall
In a split decision, the Fourth District Court of Appeal has upheld the Coastal Commission's conditions on two property owners' reconstruction of a seawall in Encinitas after it was destroyed in a storm, including limiting the new seawall's permit to a 20-year term.
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Sep 14, 2014
Court review announcements: Priceline hotel case goes to State Supreme Court, and more
The California Supreme Court has agreed to review an appellate ruling that Priceline, Expedia, Travelocity and similar "online travel companies" (OTCs) did not have to pay San Diego hotel tax on income they derived using a "merchant model" approach to marketing local hotel rooms.
Martha Bridegam
Aug 6, 2014
Third District upholds high-speed rail EIR over Peninsula towns' objections
In the latest decision on a long series of legal challenges by Peninsula cities and environment groups to the California High Speed Rail project, the Third District Court of Appeal has upheld the final programmatic environmental impact report for the portion of the project that c
William Fulton
Jul 31, 2014
Westlands Water District contracts found exempt from CEQA
California's Fifth Appellate District on July 3 upheld the Westlands Water District's 2012 interim renewal contracts for Central Valley Project water from the U.S. Bureau of Reclamation, finding the changes they represented were exempt from CEQA review sought by environmental gro
Martha Bridegam
Jul 31, 2014
Treasure Island EIR upheld
The First District Court of Appeal has upheld the EIR supporting a $1.5 billion development plan for Treasure Island, the man-made former World's Fair site at the middle of the San Francisco Bay Bridge.
Martha Bridegam
Jul 31, 2014
Court allows Kern wind farm mitigation that depended on FAA action
California's Fifth District Court of Appeal has issued a partial publication order for its June 30 decision upholding the EIR for a wind turbine farm in Kern County's Tehachapi Wind Resource Area.
Martha Bridegam
Jul 31, 2014
Overflight Easement Not A Taking, First District Rules
The First District Court of Appeal has argued that Humbolt County did not create a taking of property by requiring the owners of a mobile home underneath an airport flight path to provide an overflight easement in exchange for a permit to build a carport and porch that had been i
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Jan 21, 2014
Spot zoning permissible for archdiocese's assisted living facility
Reversing the decision of an Orange County Superior Court judge, the Fourth District Court of Appeal has ruled that rezoning residential property in Tustin to accommodate an assisted living facility is a legitimate use of spot zoning. "The creation of the new senior residentia
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Jan 21, 2014
Rip Van Winkle Scalia Wakes Up in Koontz
If the oral argument is any indication, the U.S. Supreme Court is likely to rule against a landowner in Florida who filed a takings lawsuit against an Orlando-area water district - turning what appeared to be an easy victory for property rights advocates into a loss.
William Fulton
Jan 23, 2013
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