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Legal Digest
Exchange Of Public Trust Parcels In Long Beach Blocked By Court
A land exchange between the State Lands Commission and the City of Long Beach to accommodate a retail development project has been thrown out by the Third District Court of Appeal. The court ruled that the state agency and the city violated the state law that permits the swapping
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Jul 1, 2005
Failure To Fight Redevelopment Administratively Dooms Landowner's Court Case
A redevelopment plan covering more than 10,000 acres in San Jose has been upheld by the Sixth District Court of Appeal. The court ruled that the city had proven that blight existed in the six sub-areas of the project.
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Jul 1, 2005
Court Says Parcel Map Does Not Insulate Owner From Zoning Change
Approval of a tentative parcel map does not prevent zoning changes from applying to the subdivision, the Fourth District Court of Appeal has ruled. In a case from Orange County, the court ruled that the county could enforce provisions in a specific plan adopted after the county a
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Jul 1, 2005
Lawsuit Contesting Utility Privatization Contract Returns To Superior Court
A lawsuit challenging the City of Stockton's decision to privatize its water, wastewater and storm drain systems is headed back to trial court, where a judge will reconsider whether the city's contract with a private company is exempt from environmental review.
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Jun 1, 2005
County's Mobile Home Height Rule Struck Down By Appellate Panel
Santa Cruz County is not allowed to regulate the height of mobile homes because state law has pre-empted the possibility of a local ordinance, the Sixth District Court of Appeal has ruled.
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Jun 1, 2005
Court Bars Developer From Collecting For Administrative Record Preparation
The First District Court of Appeal has blocked a developer's request to collect from its courtroom opponents the cost of preparing the administrative record in a California Environmental Quality Act lawsuit. >>read more
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Jun 1, 2005
Court Will Review Airport Plan CEQA Case, LA Billboard Takings Claim
The California Supreme Court has accepted two more land use cases, one of which is a California Environmental Quality Act (CEQA) case that has generated quite a bit of discussion. The second one is an inverse condemnation case involving street landscaping that blocks a view of bi
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Jun 1, 2005
Negative Declarations For Tracy Water Transfers Are Upheld
Two water transfers from irrigation districts to the City of Tracy did not require a combined environmental impact report, the Third District Court of Appeal has ruled. The court found that the separate negative declarations adopted by the irrigation districts provided adequate r
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Jun 1, 2005
AG Says Housing Element Law Recognizes Limits
A new opinion issued by the state attorney general's office regarding housing elements appears to allow cities and counties to skirt their mandated fair-share housing numbers if the local government lacks the resources sufficient to provide the units.
Paul Shigley
Jun 1, 2005
Court Tries To Send Clear Signals On Cell Phone Antenna Regulation
A City of San Francisco decision to deny an application for a cell phone antenna has been upheld in part by the Ninth U.S. Circuit Court of Appeals.
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May 1, 2005
Malibu Defends Secret Meetings Regarding Local Coastal Plan
The meetings of two Malibu City Council members whom the council had charged with reviewing and negotiating over a land use plan prepared by the Coastal Commission were not subject to the state's open meeting law, an appellate court panel has ruled.
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May 1, 2005
Malibu Property Owners Only Want Their Permit, Court Rules
A lawsuit filed by Malibu property owners while the City of Malibu was suing the Coastal Commission was not a Strategic Lawsuit Against Public Participation, the Second District Court of Appeal has ruled.
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May 1, 2005
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