California Land Use & Development Law Report

California Land Use & Development Law Report
California Land Use & Development Law Report offers insights into legal issues relating to development and use of land and federal, state and local permitting and approval processes.

State Water Board Has Authority to Implement Temporary Emergency Regulations Curtailing Water Diversions Without Prior Evidentiary Hearing

Disparate-Impact Claims Under FHA and FEHA Must Demonstrate Causal Connection Between a City’s Approval of Development Projects and Racial Disparity in Housing

Public Universities Must Comply With CEQA When Deciding to Increase Enrollment Beyond Levels Specified in Development Plan EIR

Agency Notice of Deadline for Filing Suit Was Defective
An administrative agency must provide the notice required under Code of Civil Procedure section 1094.6(f) specifying when its decision becomes final, and may not add potentially confusing information that undermines the statutory purpose of eliminating doubt as to when the statute of limitations to begins to run. Alford v. County of Los Angeles, No. B293393 (2nd Dist., July 1, 2020).

Suit Challenging Interpretation of Tentative Map Conditions Was Not Time-Barred

University Campus Was Not an Illusory Element of Project Under CEQA

Judgment Against Prior Owners Fixed Tidelands Boundaries, Barring Plaintiffs’ Quiet Title and Inverse Condemnation Claims.
The court of appeal held that plaintiffs' inverse condemnation and damages claims based on dredging in the bay adjacent to their properties was barred under the doctrine of res judicata based on a 1931 judgment conclusively establishing that the property alleged to have been taken or damaged was not owned by plaintiffs.

Brown Act Violation Did Not Require Nullification of Project Approval Where No Prejudice Was Shown

EIR Improperly Deferred Formulation and Implementation of Mitigation Measures for New Oil and Gas Drilling

Suit for Breach of Development Agreement Should Be Treated as a Breach-of-Contract Action, Not an Administrative Law Proceeding

Judicial Council Shortens Tolling Period for Statutes of Limitations

Reclassification of Land From Urban to Agricultural Did Not Result in Unconstitutional Regulatory Taking
The State of Hawaii Land Use Commission's reversion of 1,060 acres from a conditional urban land use classification to the prior agricultural use classification was not an unconstitutional taking because the landowner could still reap economic benefits from the property, the reclassification did not substantially affect the overall valuation or any potential sales, and the landowner should have

Agency Actions to Implement a Previously-Approved Project Are Not Subsequent Discretionary Approvals Requiring Supplemental Environmental Review

How Much Leeway Does a Lead Agency Have to Define an Appropriate Baseline for CEQA Review?

California Courts May Shorten Tolling of Limitations Periods in Land Use Cases Under Emergency Rule
