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Legal Digest
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 CaƱada 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
When the Coastal Commission Won't Let Phase 2 Connect to Phase 1
Four lots in Los Osos were already on local water and sewer. San Luis Obispo County approved creating three new lots that already had sewer laterals and water meters. But the Coastal Commission said no and, in an unpublished ruling, an appellate court has agreed.

William Fulton
Feb 26, 2024
Davis Settles Builder's Remedy Lawsuit
City agrees to move project forward without required vote, while developer agrees to increase affordable housing from 20% to 25% of project and agree to an EIR.

William Fulton
Feb 20, 2024
Berkeley Ordered To Pay Developer $2.6 Million
The City of Berkeley got hammered in court for violating SB 35 and the HAA by denying a project to be built on a parking lot on Native American shellmound property. Now the city has to pay the developer $2.6 million -- plus attorneys fees.

William Fulton
Feb 20, 2024
It's OK To Use A CEQA Exemption Tiering Off Of A General Plan EIR
In the latest ruling on this emerging topic, an appellate court shot down the San Diego County board's decision to require an EIR for a recycling plant -- even though county's own staff, zoning administrator, and planning commission all said an exemption was warranted.

William Fulton
Feb 20, 2024
Can Private Entities Restrict Short-Term Rentals The Same Way As Governments?
An unpublished appellate ruling upholding a preliminary injunction in Lake Arrowhead suggests that private entities must define short-term rentals precisely and can't rely on government definitions.

William Fulton
Feb 11, 2024
Latest Redondo Beach Builder's Remedy Ruling Is Mostly A Win For Developers
But judge also says that, in the Coastal Zone at least, builder's remedy is overridden by zoning.

William Fulton
Feb 5, 2024
Split Decision In The ADU Wars
You'd think the ADU wars would be over. But in recent court decisions, Malibu lost an attempt to subject an ADU to a coastal development permit, while Coronado succeeded in limiting the combined size of an ADU and the adjacent house.

William Fulton
Feb 5, 2024
A Bad Week In Court For Enviros
Whether it's something as big as the State Water Project or as small as tree stumps in Los Angeles, environmentalists aren't winning CEQA cases at the appellate level.

William Fulton
Jan 29, 2024
U.S. Supremes Appear Likely To Overturn Ehrlich Exaction Rule
But it was less clear how the justices would instruct local governments about how to apply narrower exaction rules to General Plans.

William Fulton
Jan 15, 2024
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