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Legal Digest
Can't Mitigate Your Way To A Categorical Exemption, Court Says
A county may not rely on mitigation measures to determine that a project is categorically exempt from the California Environmental Quality Act (CEQA), the First District Court of Appeal has ruled.
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Mar 1, 2005
Tentative Map For 27-Unit Project Lives Despite Missed Deadline
A county may extend the life of a tentative subdivision map that has expired if the subdivider filed for an extension before the map expired, the First District Court of Appeal has ruled.
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Mar 1, 2005
Court Revokes Permits For House Addition Completed Three Years Ago
The fight over a gigantic addition to a house in Los Angeles's Pacific Palisades area has resulted in an appellate court decision revoking three building permits and the certificate of occupancy for the structure. The order to revoke permits, originally issued by the trial court,
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Mar 1, 2005
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
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