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Legal Digest
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
In A Closely Watched Case, The Court Provided An Expansive Reading Of The Clean Water Act
In a ruling from the Sonoma County wine country, the Ninth U.S. Circuit Court of Appeals has apparently signaled its intent to continue with a broad reading of the Clean Water Act.
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Oct 1, 2006
San Jose Preservationists Win Round In Fight Over IBM Building's Fate
Preservationists have won at least a temporary victory regarding a big-box home improvement store that is proposed for the site of an historic IBM building in San Jose.
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Oct 1, 2006
Court Dismisses All Challenges To Sacramento-Area Species Plan
The habitat conservation plan for the rapidly growing Natomas Basin in Sacramento and southern Sutter counties has been upheld by a state appellate court.
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Oct 1, 2006
Court To Decide Antenna Regulation, Damages For Unconstitutional Zoning
The California Supreme Court has recently accepted two land use cases and ordered an appellate court decision regarding fees to be depublished. >>read more
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Oct 1, 2006
Attorney General Says LAFCO May Require Tax For New City
A local agency formation commission may impose as a condition on its approval of the incorporation of a new city the requirement that voters support a general tax funding the new city, the attorney general's office has concluded.
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Oct 1, 2006
Lengthy And Multiple Moratoriums Don't Keep Map Alive, Court Rules
The life of a tentative map for a subdivision may be extended for up to five years if the map is subject to a local development moratorium, but the map does not live on if the moratorium continues for more than five years, the First District Court of Appeal has ruled.
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Oct 1, 2006
Billboard Company's Takings Claim Rejected By Unanimous State Supreme Court
A unanimous California Supreme Court has upheld lower court decisions rejecting an advertising company's claim that it deserves compensation because trees planted along a public street obstructed visibility of six billboards.
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Sep 1, 2006
Court Orders Carson Extortion Victim To Repay Affordable Housing Loan
Property owners who received an $850,000 loan from the Carson Redevelopment Agency must return the money because they acquiesced to the mayor's demand for a $75,000 bribe, the Second District Court of Appeal has ruled.
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Sep 1, 2006
University Can't Ignore Off-Campus Growth Impacts
The state Supreme Court has rejected California State University trustees' contention that the university does not have to mitigate off-site traffic and fire safety impacts from expansion of the CSU Monterey Bay campus.
Paul Shigley
Sep 1, 2006
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