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Legal Digest
Are "Subjective Standards" Embedded in the Coastal Act?
A property owner who built without a permit claimed the Coastal Commission didn't review the project with objective standards. An appellate court said subjective standards are embedded in the law -- especially with regard to views.

William Fulton
Nov 28, 2023
Federal Judge Dismisses Huntington Beach Housing Case
<p>The Surf City claimed that its 14th Amendment rights were violated by the RHNA process -- and claimed it could sue because it is a charter city and not a "subdivision of the state". A federal judge disagreed. </p>

William Fulton
Nov 17, 2023
Wildlife Corridor Overlay Not Subject To CEQA
Mining interests challenged Ventura County's new ordinance. But an appellate court said projects subject to CEQA exemptions 7 and 8 don't have to protect the entire environment, only specific natural resources.

William Fulton
Nov 14, 2023
A Housing Accountability Act Loss For Cities
Culver City's anti-mansionization ordinance reduced floor-area ratio for large lots. That ran afoul of SB 330.

William Fulton
Oct 30, 2023
A Housing Accountability Act Win For Cities
In ruling from Los Angeles, appellate court says that local control has not been abrogated by the HAA.

William Fulton
Oct 30, 2023
Parking Reductions Aren't Subject to CEQA
In an unpublished case, an appellate court strikes down an environmental group's challenge to parking reform in San Diego. The court relied partly on SB 743 to uphold a CEQA exemption for the ordinance.

William Fulton
Oct 16, 2023
Judge Rules Against Beverly Hills In Housing Element Case
Defeat turns on whether site inventory and density calculations are realistic. City plans to appeal, but further loss could help builder's remedy applications.

William Fulton
Oct 16, 2023
Davis Developer Enters Builder's Remedy Legal Fray
In a new lawsuit, the developer claims the city stalled the application so long it amounted to a denial. The city claims it is processing the developer's builder's remedy application.

William Fulton
Oct 8, 2023
Will Exactions Survive?
By taking a development fee case from El Dorado County, the U.S. Supreme Court may have the chance to narrow current limitations on exactions -- or get rid of them altogether.

William Fulton
Oct 3, 2023


Mitigation Doesn't Have To Replace 1:1
In latest Fanita Ranch skirmish, appellate court says conservation easements and better land management are sufficient mitigation for lost gnatcatcher habitat.

William Fulton
Sep 25, 2023
Airbnb Is Not Development
An appellate court strikes down the notion that an Airbnb unit requires a coastal development permit.

William Fulton
Sep 19, 2023
Developer CEQA Battle in Suburban Sacramento
Tsakopoulos Challenges Competitor's EIR on Climate Change -- And Loses.

William Fulton
Sep 19, 2023
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