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  • Billboard Company Has No Case Against City of Corona, Court Rules

    An outdoor advertising company that erected a billboard without permits in the City of Corona was not discriminated against and did not have its constitutional rights violated by the city's action, the Fourth District Court of Appeal has ruled.

  • Disputed Redevelopment Funds Can't Be Withheld, Court Rules

    Under Proposition 22, neither the state Board of Equalization nor a county auditor-controller can constitutionally withhold tax funds as part of a redevelopment dispute, as called for by AB 1484, the 2012 bill that cleaned up the redevelopment wind-down, the Third District Court of Appeal has ruled.

  • Court Says Anaheim Played Bait-and-Switch on Hotel Developer

    The Fourth District Court of Appeal has blocked the City of Anaheim's attempt to build a surface parking lot on a property adjacent to two new hotels rather than a parking structure, as was implied in a conditional use permit the city approved in 1999.

  • County Can't Undermine Dispensary Referendum, Court Rules

    In repealing a medical marijuana ordinance that a referendum sought to overturn, the Kern County Board of Supervisors erred in also repealing the underlying ordinance that the referendum's backers were seeking to reinstate, the Fifth District Court of Appeal has ruled. It's the third appellate ruling in a medical marijuana zoning case to be issued in the last month.

  • Courts Can Withhold Disputed Redevelopment Funds

    funds as part of a redevelopment dispute even though a previous ruling concluded that the state cannot.

  • State "Incentives" To Charter Cities To Use Prevailing Wage Struck Down

    A state law that prohibits charter cities from receiving state funds for a public construction project if it allows the contractors to not pay prevailing wage has been upheld by a split appellate court.

  • Carson May Deny Mobile Home Subdivision Based on General Plan Inconsistency, Court Rules

    In a split decision, the Second District Court of Appeal has ruled that the City of Carson acted properly in denying the subdivision of a mobile home park because this change in ownership structure was inconsistent with the general plan by placing at risk wetlands within the park, which were reclaimed from contaminated oil friends and are called out in the open space element of the city's general plan.

  • Fish & Wildlife Created Physical Taking In Flooding Del Norte Subdivision

    In a 61-page opinion, the Third District Court of Appeal has ruled that the Department of Fish & Wildlife's actions in managing coastal flooding around Lake Tolowa and Lake Earl in Del Norte County constituted a physical taking of the adjacent landowners' property.

  • Time To Tackle California's Housing Problem

    The recent Brexit vote seemed a lot like the typical California NIMBY fight to me: Basically, a whole bunch of old white people who don’t like how society is evolving tried to shut the door, probably screwing their own children and grandchildren in the process.

  • Legal Briefs

    Expanding Printing Operation OK As CEQA Baseline

  • Forward Into The Past

    Writing recently in Voice of San Diego , Maya Srikrishnan has documented what might be called – at least from my wizened perspective – the return of the coastal Southern California anti-growth initiative. In Del Mar, Costa Mesa, and Santa Monica – one coastal town in each SoCal coastal county – citizens have placed initiatives on this fall’s ballot to slow down growth or at least require that major projects must go before voters.

  • Presidio Trust Didn't Violate Historic Preservation Law In Planning New Development, Ninth Circuit Rules

    The Ninth U.S. Circuit Court of Appeals has ruled that The Presidio Trust can move forward with the construction of a 12-building complex commonly referred to as a "lodge" in the vicinity of the Main Parade Ground. In so doing, the court rejected arguments from the Sierra Club and a variety of historic preservation organizations that doing so would violate the Presidio Trust Act. The court also rejected the argument that the Presidio Trust's actions did not meet the consultation requirements contained in Section 110f of the National Historic Preservation Act.

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