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Legal Digest
Court Reinstates Lawsuit Challenging Wal-Mart Store Proposed In Lodi
A state appellate court has reinstated a lawsuit over a proposed Wal-Mart supercenter in the City of Lodi.
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Jan 1, 2007
Agencies' Failure To Study Federal Leases Halts Proposed Power Plant
The Ninth U.S. Circuit Court of Appeals has blocked development of a geothermal power plant on federal land in Siskiyou County because federal agencies did not complete an environmental review of leases for the land underlying the proposed power plant.
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Jan 1, 2007
Content-Based Exceptions In Sign Ordinance Are Not Permissible, Court Rules
A ruling from the State of Washington by the Ninth U.S. Circuit Court of Appeals suggests that local governments in California may want to review their sign ordinances.
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Jan 1, 2007
Court Rejects American Canyon's Description of Project Size, Impacts
The First District Court of Appeal has thrown out the City of American Canyon's approval of a Wal-Mart supercenter because the city did not comply with the California Environmental Quality Act and violated its own zoning ordinance.
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Jan 1, 2007
Eminent Domain Reform On Horizon
Only two months after voters rejected Proposition 90, new proposals to alter eminent domain law are already arising. Anti-tax activists, environmentalists, local government organizations and state lawmakers are all working on eminent domain proposals, and it is likely that voters
Paul Shigley
Jan 1, 2007
Taxpayer's Lawsuit Challenging Fort Ord Land Sale May Proceed
A taxpayer lawsuit challenging the City of Seaside's discounted sale of 105 acres of the closed Fort Ord military base to housing developers appears headed for trial.
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Dec 1, 2006
Court Lashes State For Failing To Follow Statutory Review Process
A state appellate court panel has chastised the California Department of Forestry and Fire Protection (CDF) for ignoring the California Environmental Quality Act during reviews of timber harvest plans.
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Dec 1, 2006
Feds Don't Submit 'Homework,' Lose Yellow-Legged Frog Ruling
The U.S. Fish and Wildlife Service's determination that listing the Sierra Nevada Mountain yellow-legged frog as an endangered species was "warranted but precluded" has been rejected by the Ninth U.S. Circuit Court of Appeals.
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Dec 1, 2006
Damages Award Thrown Out; Fallbrook PUD Faces New Trial
A dispute between owners of property in northern San Diego County and a public utility district is headed for a new trial after the Fourth District Court of Appeal overturned a $2.3 million award of damages and compensation to the property owners.
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Dec 1, 2006
Court Rejects CEQA Exemption For Minor Monterey Water Transfer
A water credit transfer approved for a developer by the City of Monterey and the Monterey Peninsula Water Management District has been struck down by an appellate court, which ruled that the city's and the district's reliance on an exemption from environmental review was faulty.
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Nov 1, 2006
Sutter County Use Permit Denial Ruled A Violation Of Federal Law
A federal court has ordered Sutter County to grant a conditional use permit for a Sikh temple. The Ninth U.S. Circuit Court of Appeals found that the county violated the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) when the county rejected two use permit
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Nov 1, 2006
Agriculture-To-Habitat Conversion Deemed Not Exempt From Environmental Review
A state project to convert 225 acres of Colusa County farmland into wetlands and waterfowl habitat is not exempt from environmental review, the Third District Court of Appeal has ruled.
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Nov 1, 2006
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