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Legal Digest


Cal Supremes Remind Us CEQA Is Just A Law
In allowing People's Park housing project to go forward, high court defers to the Legislature's action to override a lower court ruling that drunken noisy students can be a significant impact under CEQA.

William Fulton
Jun 7, 2024
Fix The City Loses Again On Timing Issue
Limited-growth group's lawsuit against Expo Line Plan tossed out for being filed too early. But appellate court also said Expo Line Plan doesn't violate the Los Angeles General Plan's policy encouraging adequate infrastructure.

William Fulton
Jun 2, 2024
Fix The City Loses L.A Transit-Oriented Communities Case
Advocacy group is time-barred in challenging high-profile TOC case in the context of a specific project approval. But city must re-do seismic analysis on Santa Monica Boulevard project.

William Fulton
May 27, 2024
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In an unpublished ruling, the court found the futility rule did not apply to the notorious case of a Coronado bungalow, thus killing a jury's award of $800,000.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
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