2011 Precedent-Setting Cases in Land Use Law

As does every year, 2011 included a wide range of published appeals court cases, some setting major precedents and others tinkering with the arcana of land use law. Here are some highlights from CP&DR's Legal Digest compiled over the course of the year, organized by area of law.

This compilation draws on a presentation given by CP&DR contributor and Sacramento-based land use lawyer Bill Abbott, of Abbott & Kindermann, at the UCLA Land Use Law and Planning Conference earlier this month. 

Billboards

Hill v. San Jose Family Housing Partners 

Density Bonuses

Wollmer v. City of Berkeley

First Amendment

Alameda Books et al. v. City of Los Angeles

Housing Element Challenges

Haro v. City of Solano Beach

Medical Marijuana

Traudt v. City of Dana Point

Religious Land Uses (RLUIPA)

International Church of the Foursquare Gospel v. City of San Leandro

Variances

West Chandler Boulevard Neighborhood Association v. City of Los Angeles

California Environmental Quality Act

Statutory and Categorical Exemptions

Wollmer v. City of Berkeley

South Orange County Wastewater Authority v. City of Dana Point

Negative Declarations

Citizens for Responsible Equitable Environmental Development v. City of Chula Vista

Save Plastic Bag Coalition v. City of Manhattan Beach

Schenck v. County of Sonoma

EIR Baselines

Citizens for East Shore Parks v. California State Lands Commission

EIRs

Oakland Heritage Alliance v. City of Oakland

Santa Monica Baykeeper v. City of Malibu

Valley Foundation v. City of Rocklin

Santa Clarita Organization for Planning the Environment v. City of Santa Clarita

LandValue 77, LLC v. Board of Trustees of the California State University

Ballona Wetlands Land Trust v. City of Los Angeles

Flanders v. City of Carmel-By-The-Sea

CEQA Litigation

Latinos Unidos de Napa v. City of Napa

Citizens Planning Association v. City of Santa Barbara