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Legal Digest


Court Refuses To Narrow CEQA Infill Exemption
<p>In a case against a grocery store in King City brought by a union, the Sixth District Court of Appeal said that other infill definitions in the CEQA Guidelines do not apply to Class 32 exemptions.</p>

William Fulton
Nov 24, 2024
Enviros and State Win Reverse-Reverse-CEQA Appeal
Appellate court says that Lake County didn't adequate analyze the impact of a new resort on wildfire evacuation routes of current residents.

William Fulton
Nov 19, 2024
Court Overturns Previous Student Housing Ruling - With A Hitch
Yes, the rooftop deck near the University of Southern California doesn't create a significant impact under CEQA, as per the People's Park case. But the City of Los Angeles still must find that the project conforms with an old redevelopment plan.

William Fulton
Nov 4, 2024


Is Sale Of Public Property Subject To CEQA?
<p>If it includes a disposition and development agreement with a specific development program, the answer is yes, according to a San Diego judge.</p>

William Fulton
Oct 28, 2024
Preservationists Lose In Capitol Annex Case
Appellate court rules that bill exempting project from CEQA does not violate state constitution. Preservationists made the unsuccessful argument that the state cannot be trusted to implement the law constitutionally.

William Fulton
Oct 13, 2024
Upland warehouse doesn’t need EIR
In reversing trial court ruling, appellate court okays lower significance threshold -- but also says higher baseline in a supplemental analysis was fine.

William Fulton
Sep 16, 2024
Elk Grove Settles, Will Be Monitored By HCD
The city was already allowing a controversial project to move forward and paying $2.3 millino to the developer in attorneys fees. Now it must subject itself to five years of HCD monitoring and pay $150,000 in attorneys fees to teh state.

William Fulton
Sep 8, 2024
Streetscape Plan Is Exempt From CEQA
Appellate court rejects CEQA challenges to L.A.'s Westside Mobility Plan, also concluding that the planning commission can certify the EIR even though the city council must approve some aspects of the project.

William Fulton
Aug 26, 2024
Santee council can’t end-run voters on Fanita Ranch
San Diego judge rules that Santee couldn't end-run a voter referendum by repealing approval and then passing an emergency ordinance moving the project forward. SB 330 was no help.

William Fulton
Aug 19, 2024
Church/Eldercare Project Moves Forward In Westwood
Neighbors have challenged in the project, located along a high-rise corridor, in two different lawsuits -- one challenging the city's application of an eldercare zoning deviation and the other challenging the city's use of a Sustainable Communities Environmental Assessment. So

William Fulton
Jul 30, 2024


Fresno’s Tower Theater drama continues
The city bought the theater to avoid sale to an evangelical church. That set up an explosion of litigation -- which the city is winning and the church is losing.

William Fulton
Jul 22, 2024


Exception To The Infill Exemption Gets Harder
<p>A nearby office-building owner challenged the infill exemption on a condo project, claiming rare species were in the vicinity. In a case of dueling biologists, the Court of Appeal ruled that the species weren't rare enough to qualify.</p>

William Fulton
Jul 15, 2024
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