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Legal Digest
Housing Activist's Lobbying Protected By First Amendment
A property owner's lawsuit against a San Francisco housing activist has been swatted down by the Ninth U.S. Circuit Court of Appeals. The court found, essentially, that the First Amendment protected the activist's complaint about the property owners' plans.
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Nov 1, 2005
Settlement Between City, Developer Tossed Out: Malibu Cut Improper Deal In Closed Session
A settlement agreement between the City of Malibu and a developer has been thrown out by the Second District Court of Appeal because the agreement limited the city's police powers and was improperly adopted in closed session.
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Nov 1, 2005
State Supreme Court Hears Complex Building Fee Case
A developer that has fought a variety of government fees levied by numerous jurisdictions had its day in front of the state Supreme Court in October. But during an hour of oral argument, California's high court justices offered few hints of how they might rule.
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Nov 1, 2005
Ninth Circuit Backs 2010 Deadline For Particulate Matter Attainment
The Ninth U.S. Circuit Court of Appeals has upheld a plan that gives the San Joaquin Valley until 2010 to achieve permissible amounts of soot and dust in the air. Environmentalists and public health advocates had argued for a 2006 deadline.
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Oct 1, 2005
Rent Control Decision Nullified
A controversial decision that cast doubt on many mobile home rent control ordinances in California has been thrown out.
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Oct 1, 2005
9th Circuit Avoids Takings Lawsuit
The Ninth Circuit has declined to decide a takings case brought by developers whose property the Los Angeles Community Redevelopment Agency (CRA) has acquired through eminent domain for economic development.
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Oct 1, 2005
High Court Takes Long Beach Land Swap Case
The California Supreme Court has accepted a case in which a deal between the State Lands Commission and the City of Long Beach was halted by an appellate court. At issue is a complicated land swap. >>read more
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Oct 1, 2005
City-Tribe Contract Doesn't Need Environmental Review, Court Rules
A memorandum of understanding (MOU) between the City of Rohnert Park and an Indian tribe planning to build a casino is not a "project" requiring environmental review, the First District Court of Appeal has ruled. >>read more
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Oct 1, 2005
Santa Cruz Park Project Negative Declaration Fails Because Of Poor Initial Study
A state appellate court has thrown out a "general plan" for a beach park in Santa Cruz because the initial study of environmental impacts did not address the effects of unleashed dogs at the park. However, the court also ruled that there was not enough evidence to force preparation
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Oct 1, 2005
Preservationists, Residents Win And Lose In Conflict Over Venice Project
The Second District Court of Appeal has issued another ruling in the long-running controversy over the proposed demolition of a garden apartment complex in Venice. The latest ruling allowed both sides in the debate to claim victory.
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Sep 1, 2005
Analysis Of Wal-Mart's Impact On Downtown Anderson Survives
A lawsuit challenging a Wal-Mart store on the grounds that it would create downtown urban decay was rejected by the Third District Court of Appeal. The court did rule, however, that the Central Valley city of Anderson needed to require additional money to pay for the project's fa
Larry Sokoloff
Sep 1, 2005
King City 'Loan' For Downtown Development Remains Unresolved
An appellate court panel has overturned a lower court's decision ordering Community Bank of Central California to return $4.4 million to King City. The city says the money was a deposit, and the city wants the money back. The bank says the money was collateral for a bank loan to
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Sep 1, 2005
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