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Legal Digest
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
Federal Marijuana Law Overrides Local CUP
In a provocative ruling, an appellate court said that because federal law makes marijuana illegal, Santa Barbara County's approval of an easement to permit transportation of the substance cannot stand.
William Fulton
Jan 12, 2025
Legal Briefs: Seawall Case Published; L.A. ED1, La Cañada Flintridge
The latest legal news in short bursts: Coastal Commission can't allow seawalls on projects built after 1976, ED1 revisions don't apply prospectively, and La Cañada Flintridge housing element appeal is moot.
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Jan 5, 2025


Tribal Hotel Near Trinidad Tripped Up By Local Lawsuit
Appellate court rejected the idea that the hotel is too tall but agreed that fire protection is lacking.
William Fulton
Jan 4, 2025


No Seawalls For Projects Built After 1976
Reversing a trial judge, an appellate court ruled that a seawall can be built to protect an apartment complex built in 1972 -- but not an adjacent condo building built in 1984, eight years after the Coastal Act was passed.
William Fulton
Dec 15, 2024
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