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Legal Digest
Capitola Mobile Home Park Owner Wins Chance To Prove Takings Claim
An extraordinarily complicated takings case stemming from the City of Capitola's mobile home rent control ordinance has received new life, even though the city has won numerous rounds in federal and state court.
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Jul 1, 2006
Subdivider Receives No Credit For Private Open Space In Project
A city is not required to provide credit against park and recreation fees when it requires a developer to dedicate private open space, the Sixth District Court of Appeal has ruled.
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Jun 1, 2006
Riverside Must Answer For Rejecting Advertising Company's Application
A billboard company has won the latest round in a drawn-out conflict with the City of Riverside. The Ninth U.S. Circuit Court of Appeals has ruled that Valley Outdoor Inc. may challenge the city's handling of a permit application but may not contest the city's sign ordinance.
Paul Shigley
Jun 1, 2006
Court Backs Groundwater Pumping Limits, Questions Federal Ruling
A use permit condition limiting groundwater extraction to 12,000 acre-feet of water per year did not constitute a taking of property, the Fourth District Court of Appeal has ruled. >>read more
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Jun 1, 2006
Mobile Home Park Owner Fails To Show Injury, Loses Lawsuit
A Rohnert Park mobile home park owner's demand that a court grant a rent increase because an unconstitutional city law held down rents has been rejected.
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Jun 1, 2006
Strip Club Wins $1.4 Million In Zoning Dispute
A $1.4-million damages award that a jury granted to the owner of a San Bernardino adult cabaret has been upheld by the Fourth District Court of Appeal. The damages were based on expenses and lost income from a 53-month period when the City of San Bernardino's zoning ordinance - w
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Jun 1, 2006
State Given Final Say In Mine Reclamation Oversight Process
A divided appellate court panel has upheld a 2004 regulation that gives the director of the state Department of Conservation the final say over whether reclamation of a surface mine has fulfilled the mine's reclamation plan.
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Jun 1, 2006
Project Proponent Who Skipped Meeting Loses In Court, Too
A San Luis Obispo County businessman who did not attend a California Coastal Commission hearing regarding his proposed project has lost a lawsuit contending that he was not provided adequate notice of the hearing.
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Jun 1, 2006
Long Beach Ordered To Pay For Demolishing Building Without Adequate Notice
The City of Long Beach must pay a mortgage holder $273,500 in damages plus attorney fees for demolishing an apartment building without providing adequate notice to the lender.
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May 1, 2006
Court Upholds Los Angeles' Blight Findings For Hollywood Project
While there is no star for "blight" on the Hollywood Walk of Fame, blight is prominent in the neighborhood. The Second District Court of Appeal has upheld an amendment to a two-decade-old redevelopment plan for Hollywood.
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May 1, 2006
Court Accepts Habitat Conservation Plan , Eminent Domain Disputes; Drops Building Fee Case
The California Supreme Court has accepted two more land use cases, one involving a habitat conservation plan for North Coast redwood forests and one involving the red-hot issue of eminent domain.
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May 1, 2006
Tulare County Directed To Remedy Improper Tax Allocation Retroactively
Tulare County owes the Dinuba Redevelopment Agency property tax-increment dollars that the county erroneously distributed to itself and nine other local government agencies, the Fifth District Court of Appeal has ruled.
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May 1, 2006
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