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Legal Digest
Capitol Annex EIR Not Properly Vetted
Appellate court criticizes state and Sacramento judge for allowing a revised EIR to go through without assurance that it fixed the defects the court previously identified.

William Fulton
May 20, 2024
Huntington Beach Loses Again
Judge rejects several arguments and tells the city to adopt a housing element by September.

William Fulton
May 20, 2024


Appellate Court Overturns Inverse Condemnation Award
In an unpublished ruling, the court found the futility rule did not apply to the notorious case of a Coronado bungalow, thus killing a jury's award of $800,000.

William Fulton
May 13, 2024
Judge Declares SB 9 Unconstitutional For Charter Cities
The law says it's supposed to promote "affordable housing," but L.A. judge throws the lot-split law out because it doesn't guarantee deed-restricted below-market rate units.

William Fulton
Apr 26, 2024
The End of Ehrlich
U.S. Supreme Court rules unanimously that California's unique exactions rule is unconstitutional. But will it really require California cities and counties to scale back on exactions?

William Fulton
Apr 13, 2024
Constitutionality of SB 10 Upheld
Locals officials are agents of the state when they are adopting an SB 10 ordinance, thus allowing them to overrule density caps imposed by voters, judges say.

William Fulton
Apr 8, 2024
Who Has Control Over Property? And Does CEQA Apply?
A private gun club leasing land from the City of Ukiah in Mendocino County expanded -- with ministerial review from the city and no review at all from the county. An appellate court has decided that's not okay.

William Fulton
Apr 1, 2024
Huntington Beach Barred From Denying Or Reducing Density On Housing Projects
Concluding that the Attorney General's Office is likely to win its case against the recalcitrant city, the judge granted both temporary relief and a preliminary injunction while the case moves forward.

William Fulton
Apr 1, 2024
City of Fresno Sues County Over General Plan
CEQA lawsuit claims county's mitigation measures on land use, agricultural mitigation and other issues are vague, unenforceable and will induce sprawl.

William Fulton
Mar 24, 2024
Referendum On Downtown Livermore Project Moves Forward
Appellate court says revised disposition and development agreement was not merely a "quasi-judicial action" under the redevelopment wind-down law.

William Fulton
Mar 18, 2024
Refusal To Process Builder's Remedy Project Constitutes Denial, Judge Says
In the latest ruling against a municipality, a Los Angeles judge said La Cañada Flintridge must move forward with a builder's remedy project because -- in his judgment -- the city did not have a compliant housing element when it refused to process the project. It's one of two

William Fulton
Mar 10, 2024
Clovis Cuts A Deal On Housing
After losing in appellate court and with a trial looming, the Fresno-area city reaches a wide-ranging settlement agreement including upzoning, inclusionary housing, a housing trust fund, and more.

William Fulton
Feb 27, 2024
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