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Legal Digest
Lodi's Groundwater Cleanup Law Is Overturned
A state appellate court has gutted a City of Lodi ordinance governing cleanup of hazardous materials. The court ruled that the city ordinance exceeded the authority provided to local governments by the state's Hazardous Substance Account Act (HSAA).
Paul Shigley
Jun 1, 2004
Housing Developer Loses 1, Wins 1, And Returns To State Supreme Court
In its ongoing legal battle over local government fees and assessments, homebuilder Barratt American has lost one round and won one round - and has seen the state Supreme Court accept for review a case where the homebuilder was victorious at the appellate court level.
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Jun 1, 2004
Joint Powers Agency Exempted From City's Land Use Regulations
A joint powers agency in Marin County that wanted to build a radio antenna in the Town of Tiburon did not have to comply with Tiburon's land use laws, the First District Court of Appeal has ruled. The unanimous three-judge appellate panel overturned a lower court, which had ruled
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Jun 1, 2004
Court Rejects Water Project EIR Because Of Its 'Bare Conclusion'
An environmental impact report for a water pipeline project near Jackson has been rejected because the water agency in charge did not explain the reason why it concluded that a potential impact was not significant.
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May 1, 2004
Court Rejects After-The-Fact Mitigation Of Impacts
Mitigation measures taken after the issuance of a mitigated negative declaration do not satisfy the California Environmental Quality Act, the Second District Court of Appeal has ruled. In a case involving a water district's proposal to cover a small reservoir in the unincorporate
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May 1, 2004
9th Circuit Rules Against Owners In Latest San Remo Takings Round
Owners of the San Remo Hotel in San Francisco have lost the latest round in their 11-year litigation over the city's ordinance restricting the conversion of residential hotels to tourist use. In the latest decision, the Ninth U.S. Circuit Court of Appeals declined to rule on the
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May 1, 2004
Court Permits City To Build Housing On Former Caltrans Right-Of-Way
A state appellate court has refused to block the City of San Francisco's plan to lease former state highway property to a nonprofit agency for development of an affordable housing project. A First District Court of Appeals, Division Four, panel voted 2-1 to uphold a lower court's
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May 1, 2004
Local Subdivision Rules May Be Waived By County, Court Rules
A San Diego County resident has lost a lawsuit that sought to force a developer to improve a private road that serves a new subdivision. The resident argued that under the Subdivision Map Act, San Diego County had to enforce its own laws that carry out the Map Act, including a co
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May 1, 2004
City's Denial Of Proposed Religious College Is Upheld
The City of Morgan Hill's decision not to rezone the site of a closed hospital to allow for development of a private, Christian college has been upheld by the Ninth Circuit Court of Appeals. The Ninth Circuit ruled that the city did not run afoul of the federal Religious Land Use
Paul Shigley
Apr 1, 2004
Regional Plan Uses Transportation Dollars To Change SD Growth
A framework intended to guide all local general plans in San Diego County could be adopted as soon as June by the San Diego Association of Governments (SANDAG). Advocates of the framework say it has the potential to be one of the most effective regional plans ever devised in Cali
Paul Shigley
Apr 1, 2004
College District's Actions To Move Shooting Range Qualify As 'Project'
A community college board's decision to close and demolish a shooting range, clean up lead contamination at the site and transfer shooting range operations to a new location amounts to a "project" that requires review under the California Environmental Quality Act (CEQA), the Fif
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Apr 1, 2004
Developer's Lawsuit Over Automatic Fee Changes May Proceed
A homebuilder's lawsuit over the City of Encinitas's fee scheme, which allowed the city building official to implement automatic fee changes, has been allowed to proceed. The Fourth District Court of Appeal ruled that even though the fees took effect years before the homebuilder
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Apr 1, 2004
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