Recent Articles in Legal Digest

Make Sure Your Fees Have Solid Evidence Behind Them

by William Fulton on Sep 18, 2022
impact fees, Mitigation Fee Act, Pismo Beach, self-storage, water

Pismo Beach tried to charge a self-storage facility $1.1 million in water fees. The company wanted to pay $62,000. Guess who won in court? >>read more

Don't Ever Forget About Your Local LAFCO

by William Fulton on Sep 10, 2022
Contra Costa County, LAFCO

A tiny CSD in the Delta tried to put a measure on the ballot to dissolve itself. But the CSD didn't go through the LAFCO process and got its hand slapped by an appellate court. >>read more

A's Stadium Wins A Round In CEQA Lawsuit

by William Fulton on Sep 5, 2022
Bay Conservation and Development Commission, CEQA, Oakland, Port, Stadiums

But new legal case challenges clearance from BCDC. >>read more

Partial Win For Counties In Oroville Dam Case

by William Fulton on Aug 29, 2022
Butte County, CEQA, FERC, Oroville, Plumas County, Water

Federal agency pre-empts actual licensing of hydroelectric system, but CEQA still applies to some state actions. >>read more

Can Eliminating Ag Mitigation Create New Impacts?

by William Fulton on Aug 14, 2022
CEQA, Farmland, Visalia

Visalia put an ag mitigation program in its general plan -- then abandoned it. Does the city have to study the impact of that policy choice? A judge in Tulare County says yes. >>read more

Malibu District Loses Proposition 218 Case

by William Fulton on Aug 7, 2022
Assessment District , Malibu, Proposition 218

Property owners can't be require to pay full cost of Broad Beach improvements, court rules. >>read more

General Plan Trumps Zoning In SB 330 Case

by William Fulton on Aug 7, 2022
General Plan, Los Angeles, SB 330, Zoning

If upheld on appeal, L.A. judge's ruling could completely upend the way cities interpret the consistence between general plans and zoning. >>read more

People's Park Development On Hold

by William Fulton on Jul 31, 2022
Berkeley, CEQA, UC

Although Superior Court judge found "nothing new" and ruled for UC, an appellate panel has stayed the decision to move forward with the housing project. >>read more

L.A. Water Cut to Mono Lessees Isn't A New Project Under CEQA

by William Fulton on Jul 11, 2022
CEQA, Los Angeles, Mono County, water

Appellate court rules that 2018 reduction in water supply was done under a set of 2010 leases between the city's Department of Water & Power and leasing ranches in Mono County. >>read more

Will the Supreme Court's Abortion Ruling Make It Easier To Turn Down Development Projects in California?

by William Fulton on Jul 4, 2022
Substantive Due Process, U.S. Supreme Court, Zoning

The justices have taken aim at the "substantive due process" argument -- which landowners have always tried to use to overturn land use decisions they don't like. >>read more