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Legal Digest
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
Attempt At Class Action Lawsuit Against Marin Quarry Fails
Neighbors of a Marin County rock quarry, which has been the source of complaints and government investigations for years, have failed in their bid to pursue a class action lawsuit against the quarry for allegedly illegal activities.
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Apr 1, 2004
Court Rejects Precedent, Holds County's Timber Rules Invalid
In a ruling directly at odds with a landmark 1995 decision, the Sixth District Court of Appeal has ruled that local government may not regulate the location of timber harvests.
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Apr 1, 2004
Court Says Aggrieved Antenna Owner Eligible For Civil Right Act Damages
A wireless telecommunications service provider may seek damages under the federal Civil Rights Act because a city improperly denied the provider a conditional use permit, according to the Ninth U.S. Circuit Court of Appeals.
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Mar 1, 2004
State Supreme Court Backs Connection, Fire Suppression Fees
In a unanimous opinion, the state Supreme Court has ruled that a community service district's water connection charge and fire suppression charge are exempt from the restrictions of Proposition 218. The ruling was only the state high court's second in a Proposition 218 case, and
Paul Shigley
Mar 1, 2004
Mayor's Inquiry Of Planners Finds First Amendment Protection
An appellate court has ruled against homeowners who sought to prevent Santa Monica City Council members from making inquiries of staff members other than the city manager. "An injunction to prevent such communication violates the First Amendment. The First Amendment protects ever
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Mar 1, 2004
Court Blocks Cybercafe CUP Scheme, Allows Other Regulations
An appellate court has upheld an injunction prohibiting the City of Garden Grove from requiring existing cybercafes to get conditional use permits. However, the appellate court removed an injunction against city-imposed operating requirements at the cybercafes.
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Mar 1, 2004
Wasco Ordered To Pay Lawyer Who Rescued Marks Bond Funds
The City of Wasco has been ordered to pay an attorney that represented the city in complicated bond finance dealings during the mid-1990s. The First District Court of Appeal rejected the city's argument that the payments violated the state constitution's ban on incurring general
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Mar 1, 2004
Oregon State Billboard Regulation Survives 1st Amendment Suit
In a 2-1 decision with a vigorous dissent, the Ninth U.S. Circuit Court of Appeals has upheld the State of Oregon's law regulating billboards. The law prohibits new billboards except for "on-premises signs." An Oregon resident said the law violated his First Amendment rights by f
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Feb 1, 2004
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