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Legal Digest
Back To The EIR Drawing Board on San Diego's Midway Project
The city has won two ballot measures to raise the height limit around its longtime sports arena. Now, for the second time, an appellate court has struck down the associated environmental analysis -- and the ballot measure.

William Fulton
Oct 20, 2025
Livermore Referendum Won't Go Forward
Reversing lower court, appellate justices say city acted properly in repealing previous approval and limiting new approval to administrative actions.

William Fulton
Oct 19, 2025
San Diego Wins Post-Sheetz Case
In an unpublished ruling, court concludes that city can spend impact fee funds anywhere in the city.

William Fulton
Oct 12, 2025
Another Housing Element Overlay Zone Bites The Dust
Redondo Beach's residential overlay on commercial and industrial land doesn't meet legal requirements for a housing element site because there's no guarantee housing will be built, court says.

William Fulton
Oct 12, 2025


Roseville Shopping Center Survives Challenge To Infill Exemption
Deletion of fast-food restaurant with drive-through was enough to persuade an appellate court to issue an unpublished ruling in the city's favor.

William Fulton
Oct 6, 2025
Is "Complying with" A General Plan The Same As Being "Consistent With" It?
In a mobile home case from Jurupa Valley, an appellate court seemingly suggests that if a municipal code does not require strict compliance with a general plan, a GP amendment is not necessary.

William Fulton
Sep 30, 2025
Under Pressure From State, Norwalk Repeals Ban On Shelters
As part of a legal settlement with the state, the city repealed a moratorium and also agreed to greater oversight by HCD.

William Fulton
Sep 20, 2025
Huntington Beach Must Adopt Housing Element Soon
Appellate court rules that 120-day shot clock applies even though Huntington Beach is a charter city.

William Fulton
Sep 15, 2025
General Law Cities Must Abide By SB 9
A judge found SB 9 unconstitutional for charter cities. But an appellate court has now said the same argument doesn't apply to general law cities.

William Fulton
Sep 7, 2025
City-County Water Deal Doesn't Have To Be Consistent With General Plan
Fairfield agreed to treat water for a project outside its urban limit line. An appellate court said that's not a "land use decision".

William Fulton
Aug 30, 2025
In Sheetz Followup, Court Okays El Dorado County Exactions System
The U.S. Supreme Court struck down a more expansive legal standard for exactions. But on remand, a California appellate court has found that the "averaging" system used in El Dorado County meets the narrower legal tests from the Nollan and Dolan cases.

William Fulton
Jul 30, 2025
Fresno Didn't Follow Zoning in Approving Costco With Warehouse
Judge also says city can't rely on greenhouse gas reduction plan that was kicked out by appellate court.

William Fulton
Jul 27, 2025
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