CP&DR - Articles

High Court Limits Endangered Species Protections

Jun 28, 2007

Endangered Species Act, Kenneth Jost, Legal Digest, Vol. 22 No. 08 Aug 2007

WASHINGTON _ Home builders are praising and environmentalists criticizing the Supreme Court's decision allowing states to administer water pollution permitting programs without complying with a key provision in the federal Endangered Species Act.

Sunnyvale, Mountain View Provide Different Downtown Stories

Jun 27, 2007

Downtown planning, Paul Shigley, Redevelopment Watch, Santa Clara County, Vol. 22 No. 07 Jul 2007

This is a story of two downtowns — one that has become a model core for a large suburb, and one where the walls that stalled progress have finally come down. This is also the story of the long-term consequences, sometimes unintended, of land use decisions.

Right On Cue, Ballot Measure Confusion Grows While Construction Slows

Jun 26, 2007

California, Initiatives and referendums, Insight, Vol. 22 No. 07 Jul 2007, William Fulton

Wouldn't you know it? Right when the real estate market slows down, the land use initiative business is picking up. And, as is often the case, the initiatives – rather than clarifying things – are making things more confusing. Although localized in nature, the confusion will continue all the way through the emerging real estate bust and on to the beginning of the next boom.

CEQA Exemption Is 'Common Sense,' Says High Court

Jun 22, 2007

California Environmental Quality Act, Legal Digest, Paul Shigley, Solano County, Vol. 22 No. 07 Jul 2007

The California Supreme Court has ruled that an airport land use compatibility plan qualifies for a "common sense" exemption from the California Environmental Quality Act.

Perhaps more importantly, the court opened the door for the first time to the idea that displacement of development — often an arguable consequence of a plan that favors one type of development over another — might be an issue that should be analyzed under CEQA.

Eminent Domain Reform Is Quiet, But Alive

Jun 19, 2007

California, Featured Articles, Legislation, Paul Shigley

Little appears to have happened since local government organizations and their supporters rolled out an eminent domain reform package that they said would protect homeowners and small businesses from government abuse. The May 21 announcement from the California Redevelopment Association and the League of California Cities got extensive press coverage, and the proposed legislation won plaudits from several newspapers, including the Los Angeles Times. A number of business and environmental groups said they would support the measures.

Cal Supremes Bolster Local Zoning Authority

Jun 12, 2007

Kings County, Legal Digest, Paul Shigley, Vol. 22 No. 07 Jul 2007, Zoning

A unanimous California Supreme Court has upheld a local zoning ordinance that regulates who may sell furniture. The decision appears to bolster local zoning decisions that have come under attack from developers and retailers, especially those promoting big-box stores.

Disney Spins Negative Fantasia About Housing

Jun 7, 2007

Deals, Housing, Morris Newman, Orange County, Vol. 22 No. 06 Jun 2007

Why did nobody tell me that market-rate housing had become a NIMBY issue? Did I sleep this momentous event, just as I sawed a log through the Northridge earthquake? Here I am, bumbling through life as if nothing special is happening, while unbeknownst to me The Walt Disney Company is having one of its most creative moments since it released Dumbo.

Cal Supremes Rule 'Quick Take' Doesn't Violate Constitution

Jun 6, 2007

CP&DR Staff, Eminent domain, Legal Digest, Riverside County, Vol. 22 No. 04 Apr 2007

The California Supreme Court has upheld the constitutionality of the state's "quick take" eminent domain process in which a public agency may take ownership of a property before a trial on final compensation for the property owner.

Lawsuit Over Assessment District Subjected To Validation Procedures

Jun 6, 2007

CP&DR Staff, Legal Digest, Local government finance, Marin County, Vol. 22 No. 04 Apr 2007

An appellate court has thrown out a property owners' lawsuit claiming that the Town of Tiburon's special assessment to pay for undergrounding utilities violated Proposition 218. The court ruled that the lawsuit was actually a "reverse validation action," and that the property owners failed to meet procedural deadlines.

Supreme Court Taking Decision Doesn't Aid Mobile Home Park Owners

Jun 6, 2007

CP&DR Staff, Legal Digest, Takings, Ventura County, Vol. 22 No. 04 Apr 2007

Bill Fulton's Bio

Jun 6, 2007

Monterey County Election Update: No Might Mean Yes

Jun 6, 2007

CP&DR Staff, Environment Watch, General plans, Monterey County, Vol. 20 No. 07 Jul 2005

Monterey County voters rejected a general plan initiative while sending mixed signals on a general plan update adopted by the county. Voters also rejected a 1,100-unit subdivision during a special election on Tuesday.

The "no" side won all four ballot measures, even though two of the no votes conflicted with each other in the contentious and confusing election with a low turnout.

Lead Agency's Environmental Review Not Subject To Challenge, Court Rules

Jun 5, 2007

California Environmental Quality Act, CP&DR Staff, Legal Digest, Monterey County, Vol. 22 No. 04 Apr 2007

The opponent of a proposed house on the Big Sur coast cannot challenge Monterey County's environmental review of the project because the Coastal Commission provided the ultimate decision on the project, the Sixth District Court of Appeal has ruled.

Courts Wrestle With Definition Of 'Project' Under CEQA

Jun 5, 2007

California, California Environmental Quality Act, Legal Digest, Paul Shigley, Vol. 22 No. 04 Apr 2007

California courts are increasingly active in trying to clarify the question of when a government action becomes a "project" under the California Environmental Quality Act. Three recent appellate court rulings have turned on the answer to this question, and a fourth case involving a project definition is pending before the California Supreme Court. So far, however, the resulting picture is less than clear.