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Legal Digest
Huge Sacramento-Area Project Survives
A lawsuit challenging approval of the 6,000-acre, 22,500-unit Sunrise Douglas community plan and a related specific plan in Rancho Cordova has been tossed out by the Third District Court of Appeal.
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Mar 1, 2005
Eminent Domain Opponents Have It Rough At High Court
WASHINGTON _ The U.S. Supreme Court appeared unreceptive in late February to arguments by property-rights advocates to rein in the use of eminent domain by municipalities that take land and turn it over to private companies for economic development.
Kenneth Jost
Mar 1, 2005
Planning Commissioner's Acativities Force New Project Appeal Hearing
An appellate court has thrown out a decision by a City of Los Angeles planning commission because of the activities of a planning commissioner prior to a public hearing.
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Mar 1, 2005
Deviation From PUD Zoning Deserves an EIR, Court Rules
The environmental review for a proposed Sacramento housing project that apparently conflicted with planned unit development zoning for the site was inadequate, an appellate court has ruled.
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Feb 1, 2005
State Supreme Court To Decide Questions On Final Map Discretion
The state Supreme Court has accepted for review an unusual Subdivision Map Act case from the City of Goleta.
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Feb 1, 2005
Private Delta Storage Project Loses Another Round In Court
In the latest setback for a proposed water project in the Sacramento-San Joaquin River Delta, a state appellate court has thrown out water permits and an environmental impact report approved by the State Water Resources Control Board.
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Feb 1, 2005
Sales Tax Law Blocks Development Incentives
A state appellate court has ruled that financial incentives the City of La Mirada provided to Corporate Express violated a state law intended to prevent cities from poaching sales tax-generating businesses from neighboring jurisdictions.
Paul Shigley
Feb 1, 2005
Court Says Multi-tasking Council Didn't Give Applicant Fair Hearing
A city council that is not paying attention during a quasi-judicial land use hearing does not provide due process to a permit applicant, the First District Court of Appeal has ruled.
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Feb 1, 2005
Wal-Mart Opponents Hit CEQA Home Run
An appellate court has overturned separate environmental impact reports and project approvals for two Bakersfield shopping centers with Wal-Mart supercenters as anchors.
Paul Shigley
Jan 1, 2005
SD Stormwater Runoff Rules Survive Building Industry Test
A state appellate court has upheld the San Diego Regional Water Quality Control Board's comprehensive regulations regarding municipal storm drainage discharges.
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Jan 1, 2005
9th Circuit Backs Injunction Halting Stockton's Code Enforcement Effort
A federal injunction that halted the City of Stockton's code enforcement crackdown on dilapidated residential hotels has been upheld by the Ninth U.S. Circuit Court of Appeals.
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Jan 1, 2005
Appellate Court Gives Madera County Project Opponents Another Chance
A state appellate court has reinstated a lawsuit challenging the environmental impact report for a 6,500-unit project in Madera County. The Fifth District Court of Appeal found that a lower court's dismissal of the lawsuit because of procedural problems was inappropriate.
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Jan 1, 2005
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