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Legal Digest
9th Circuit Upholds Adult Business Location Limits, Amortization Program
The Ninth U.S. Circuit Court of Appeals has upheld the constitutionality of a city's ordinance regulating the location of adult businesses and requiring nonconforming businesses to close or relocate. The ruling came in a case from Spokane, Washington. However, a number of jurisdi
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Jul 1, 2004
Cal Supremes Accept Logging Cases, Dismiss CEQA Attorneys' Fees Case
The California Supreme Court has accepted for review two land use cases involving local and regional restrictions on logging. The state high court also dismissed a case involving attorneys' fees in a California Environmental Quality Act case.
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Jul 1, 2004
Executive Order Overrides Normal Power Plant Reviews
A governor's executive order intended to speed development of power plants superceded the California Environmental Quality Act (CEQA) and local measures for implementing CEQA, the First District Court of Appeal has ruled. The appellate court held that an executive order signed by
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Jul 1, 2004
City Given Broad Discretion To Close 'Unnecessary' Road
The City of San Diego could legally determine that a road was no longer necessary and close the road, even though thousands of motorists would drive on the road if it were open, the Fourth District Court of Appeal has ruled.
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Jun 1, 2004
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
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