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Legal Digest
Split Decision on Permit Streamlining Act v. CEQA
Appellate court rules that county can't condition permit completeness on additional environmental information not on the checklist -- but can do so if the checklist is more complete.

William Fulton
Jun 7, 2025
Court Rejects MND, Requires EIR To Be Prepared Over Aesthetic Issues
Mt. Shasta charter school case shows that subjective design standards still matter and the threshold for an environmental impact report is low -- at least for non-residential projects.

William Fulton
May 20, 2025
Battle Over Parking Lots and Affordable Housing in Eureka Continues
But after getting thumped in a local election, parking lot supporters -- backed by a local billionaire -- lose one in court as well.

William Fulton
May 19, 2025


Court Rules Against EIR On Dodger Stadium Gondola
But the ruling is not all bad news for LA Metro, as future development plans for stadium's parking lots do not have rto be considered.

William Fulton
May 3, 2025
Cities, housing advocates battle over builder’s remedy & 90-day rule
If a city rejects a builder's remedy application as incomplete, is that the end of the story? Or does the applicant have multiple 90-day opportunities to comply? Several Silicon Valley lawsuits have been filed seeking the resolve the question.

William Fulton
Apr 21, 2025
Cities can’t assume infill development reduces VMT
Appellate court rules that SB 743 requires more evidence than just putting forth the assumption that VMT will be low in infill situations.

William Fulton
Mar 30, 2025
Clearlake Loses Tribal Consultation Case On Appeal
Though the city did include some mitigation measures regarding tribal cultural resources, it did not "conclude" the consultation as required by aB 52, according to an appellate court.

William Fulton
Mar 17, 2025
La Cañada Flintridge Ordered To Post $14 Million Bond In Housing Case
Judge rules that Housing Accountability Act bond requirement applies in dispute over builder's remedy case even though the developer is not the plaintiff in the case.

William Fulton
Mar 9, 2025
State May Proceed With Housing Lawsuit Against Norwalk
Judge rules that the city's decision not to enforce its moratorium on shelters and supportive housing doesn't make the lawsuit either moot or unripe.

William Fulton
Feb 22, 2025
Dispensary Loses Vista Cannabis Case
Court declines to knock out a second permit applicant that was in close proximity to the proposed dispensary

William Fulton
Feb 2, 2025


Old Oakland “lot” is not a legal parcel
<p>Overturning a lower court, the California Supreme Court ruled that because the 19th Century "lot" had never been conveyed separately from other "lots" on the parcel, it cannot be viewed as a separate parcel under the Subdivision Map Act.</p>

William Fulton
Jan 26, 2025
Judge Allows Ventura To Keep Its Main Street Closed
Allowing emergency, maintenance, and delivery vehicles doesn't constitute a "partial" close under the Streets & Highways Law.

William Fulton
Jan 20, 2025
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