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Legal Digest
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
Mobile Home Rent Control Laws Survive At 9th Circuit
Two decisions by the Ninth U.S. Circuit Court of Appeal appear to bolster local rent control ordinances, although the decisions at least hint at the court's doubt as to whether the state's system for weighing landowners' takings claims is adequate. In separate cases, the Ninth Ci
Paul Shigley
Feb 1, 2004
Water Line Extension Doesn't Need Supplemental EIR, Court Rules
The City of San Jose did not have to prepare a supplemental environmental impact report for the proposed expansion of a water recycling program because an earlier EIR adequately addressed the issues, the Sixth District Court of Appeal has ruled. The ruling came in a lawsuit filed
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Feb 1, 2004
Environmentalists Win Injunction Against Sierra Nevada Logging
In a decision with separate opinions written by all three members of an appellate panel, the Ninth U.S. Circuit Court of Appeals has issued a preliminary injunction to block logging on burnt national forest land. The panel ruled 2-1 that opponents of the logging had crossed the t
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Feb 1, 2004
Appellate Court Throws Out Burbank Airport Ballot Initiative
An initiative passed by Burbank voters that sought to restrict the expansion of Burbank Airport has been struck down by the Second District Court of Appeal. The unanimous three-judge appellate panel ruled that the State Aeronautics Act gives legislative authority for airport expa
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Jan 1, 2004
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