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Legal Digest
Views Of The Coastline From Ocean Not Protected By Law, Court Rules
The Coastal Act does not protect views of the coast from off-shore locations, the Second District Court of Appeal has ruled. In a case from San Luis Obispo County, the court ruled that the Coastal Commission did not have authority to require that a proposed house be relocated and
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Sep 1, 2006
Community College On Hook For Project's Traffic Impact
In a decision handed down shortly before the state Supreme Court opinion on California State University project impacts, an appellate court ruled that a San Diego community college district is responsible for off-campus traffic impacts caused by campus expansion.
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Sep 1, 2006
New Project Needs New Environmental Analysis, Not Recycled Study, Court Rules
A mitigated negative declaration for a never-built project cannot be used for a subsequent, similar project proposed for the same site, the Third District Court of Appeal has ruled.
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Sep 1, 2006
Analysis of Wal-Mart Supercenter's Economic Impact Passes Scrutiny
An environmental impact report for one of the first Wal-Mart supercenters approved in California has been upheld by the Sixth District Court of Appeal. The court ruled that the City of Gilroy did not have to prepare a new economic analysis in the supercenter's environmental impac
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Aug 1, 2006
State Court Upholds County Antenna Ordinance, Rejects 9th Circuit Ruling
In the ongoing controversy regarding local government authority over wireless telecommunication antennas, the Fourth District Court of Appeal has upheld San Diego County's zoning ordinance that establishes a detailed permitting process for such antennas.
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Aug 1, 2006
Sign Company Suffers Reversal; City's Highway Placard Permitting Upheld
A Superior Court's award of damages to a billboard company that sued over the City of Arcata's building and sign ordinances has been thrown out.
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Aug 1, 2006
Court Defers To Corona's Building, Plan Check Fee-Setting Process
The latest round to be decided in the ongoing fight over building inspection and plan check fees has gone to the City of Corona, which successfully defended a lawsuit originally brought by developer Barratt American and its chief fee consultant.
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Aug 1, 2006
School Consolidation Plan Ruled Exempt From Environmental Review
Opponents of a school consolidation plan in a Santa Cruz County school district did not provide evidence showing that the consolidation was not exempt from California Environmental Quality Act review, the Sixth District Court of Appeal has ruled.
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Jul 1, 2006
Supreme Court Decision Brings Wetlands Uncertainty
WASHINGTON _ The Supreme Court's splintered decision on wetlands protection is likely to result in more litigation for federal agencies and new attention to California water boards' expansive jurisdiction over the state's waters.
Kenneth Jost
Jul 1, 2006
Public Notice Flaw Kills Contention That Project Was 'Deemed Approved'
A state District Court of Appeal has rejected a property owner's contention that design review permits for two houses in San Mateo County were "deemed approved" because the county failed to act on his applications within 60 days.
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Jul 1, 2006
Urban Infill Exemption For 14-Story Condo Tower in San Diego Upheld
A state appellate court has upheld an exemption from environmental review for a 14-story residential building proposed in San Diego.
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Jul 1, 2006
San Joaquin Valley Farmers, Districts Fail To Prove Harm From Fish Plan
An important case involving the delivery of water to farmers and fish appears to have sputtered to an end with the Ninth U.S. Circuit Court of Appeals' short-order rejection of the farmers' claims.
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Jul 1, 2006
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