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Legal Digest
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.

CP&DR Staff
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.

CP&DR Staff
May 1, 2006
Big-Box Ordinance Survives Wal-Mart's Attack
In a major victory for opponents of big-box retail development, the Fifth District Court of Appeal has upheld a City of Turlock ordinance that prohibits a store of more than 100,000 square feet from selling groceries.

CP&DR Staff
May 1, 2006
Hanford Furniture Store Limitation Struck Down As Unconstitutional
A City of Hanford zoning ordinance that permitted furniture sales only in large department stores has been thrown out as unconstitutional by the Fifth District Court of Appeal.

CP&DR Staff
May 1, 2006
Southern California Cities Lose Twice In Fight Over Stormwater Regulation
A state appeals court has provided water quality regulators with two significant victories, at least one of which could affect land use and development.

CP&DR Staff
Apr 1, 2006
Court Reinstates Lawsuit Regarding Oakland Fire Safety Assessment
A lawsuit over an annual fire assessment on property owners in the Oakland hills has been revived by an appellate court. Overturning a Superior Court decision, the First District Court of Appeal ruled that the lawsuit should go forward because the City of Oakland did not provide

CP&DR Staff
Apr 1, 2006
Property Owner's Lawsuit Is Ruled Ready For Court Adjudication
A Santa Barbara County property owner's takings claim has received new life, thanks to a Second District Court of Appeal ruling. The appellate panel overturned a lower court that had ruled the property owner filed the claim too soon.

CP&DR Staff
Apr 1, 2006
City's Settlement With Environmentalists Upheld
While a developer argues the private agreement impinges on city's police powers, the settlement that Rohnert Park signed to resolve a lawsuit over the city's general plan did not illegally abridge the city's police power, the First District Court of Appeal has ruled.

CP&DR Staff
Apr 1, 2006
County LAFCO May Approve Service Plan In Adjacent County, Court Determines
A turf battle between two local agency formation commissions has concluded with an appellate court ruling that a commission from one county has jurisdiction to determine a sanitary district's service area in another county.

CP&DR Staff
Mar 1, 2006
Ninth Circuit Says Aesthetics Can't Influence Local Antenna Regulation
Cities may not use aesthetic considerations to regulate the placement of telecommunications antennas, the Ninth U.S. Circuit Court of Appeals has ruled.

CP&DR Staff
Mar 1, 2006
Environmental Review Of Ballot Measures Still Uncertain
As the Sierra Club Contends San Bernardino County Should Study Transportation Sales Tax Impacts the question of whether a transportation agency must perform an environmental review before placing a sales tax measure on the ballot remains unresolved.

CP&DR Staff
Mar 1, 2006
Carson Rent Hike Dispute Returns To City's Mobile Home Board
A state appellate court has overturned a trial court judge's decision to impose a mobile home park rent increase in the City of Carson. Rather than impose the rate hike, Los Angeles County Superior Court Judge Dzintra Janavs should have sent the matter back to the city's Mobileho

CP&DR Staff
Mar 1, 2006
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