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California Land Use & Development Law Report

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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. View posts by topic. Subscribe 🡢

Los Angeles
April 16, 2024 Environmental and Land Use Litigation

Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific Plan Was Enacted

Petitioner's challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the statute of limitations. View blog post
Construction Truck
June 19, 2023 Environmental and Land Use Litigation

CERCLA Contribution Action Not Barred by Claim Preclusion

Contribution claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not barred by prior environmental litigation if the property at issue and types of claims brought are distinct from previous claims. GP Vincent III v. Estate of Beard, No. 21-16555 (9th. Cir. May 17, 2023).

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Construction Equipment
June 9, 2023 CEQA Environmental and Land Use Litigation

Preliminary Injunctions in CEQA Cases Require an Evaluation of Harm to the Public Interest in Informed Decision-Making

Concluding that it was a "near certainty" that the Stratford Public Utility District (SPUD) failed to comply with CEQA when it granted an easement for a water pipeline, the appellate court vacated an order denying a preliminary injunction that would have halted construction and operation of the pipeline, and ordered the trial court to reconsider. Tulare Lake Canal Co. v.

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April 17, 2023 Environmental and Land Use Litigation

Neighbor’s Appeal of Planning Commission Decision Did Not Support Anti-SLAPP Motion

 

The Court of Appeal ruled that the protected speech or petitioning activity on which an anti-SLAPP motion is based must be a target of the suit and not merely an event that triggered claims unrelated to such speech or activity. Durkin v. City and County of San Francisco, 90 Cal.App.5th 643 (2023).

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Colorful bridge in the daylight
March 3, 2023 CEQA Environmental and Land Use Litigation Public Agencies

City Lacked Authority to Close Public Street for Installation of Marilyn Monroe Statue

 

The City of Palm Springs' three-year closure of a public street for installation of a statue was unlawful because the Vehicle Code permits only temporary closure of streets for parades or other short-term events, not multi-year closure for installation of semi-permanent structures. Committee to Relocate Marilyn v. City of Palm Springs, 88 Cal.App.5th 607 (2023).

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Court Gavel
December 29, 2022 CEQA Environmental and Land Use Litigation

Meritless CEQA Suit Warranted Malicious Prosecution Claim Against Attorney

 

The court of appeal held that an attorney's actions in filing and prosecuting a meritless challenge to construction of a single-family home supported a claim for malicious prosecution. Jenkins v. Brandt-Hawley, No A162852 (1st Dist., Dec 28, 2022).

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Corporate office
December 22, 2022 Environmental and Land Use Litigation

90-Day Limitations Period in Government Code § 65009 Applied to Political Reform Act Challenge to Land-Use Permits

A suit seeking to set aside land-use approvals based on an alleged bribery scheme in violation of the Political Reform Act was subject to the 90-day statute of limitations for actions challenging land-use decisions. AIDS Healthcare Foundation v. City of Los Angeles, No. B311144 (2nd Dist., Dec. 14, 2022).

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Housing Buildings
July 26, 2022 Planning and Zoning Environmental and Land Use Litigation

California Courts Lack Jurisdiction to Hear Challenges to Regional Housing Needs Allocations

 

The Fourth District Court of Appeal held that California courts do not have jurisdiction to adjudicate claims involving objections to regional housing needs assessment (RHNA) allocations. City of Coronado v. San Diego Association of Governments, 80 Cal. App. 5th 21 (2022).

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Gavel Court Judge
April 28, 2022 Environmental and Land Use Litigation

Order Denying Writ of Administrative Mandamus is a Final, Appealable Judgment

The Court of Appeal held that a ruling denying a petition for writ of mandate constitutes the final judgment in the case and triggers the 60-day period for filing an appeal. Meinhardt v. City of Sunnyvale, 76 Cal.App.5th 43 (2022).

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April 11, 2022 Environmental and Land Use Litigation

Claims Against State Board and Regional Water Boards for Failure to Protect Against Agricultural Water Pollution Were Not Subject to Declaratory and Mandamus Relief

The court of appeal held that, in an action against the State Water Resources Control Board and regional water quality control boards for violations of the State Board's Nonpoint Source (NPS) Policy and the public trust doctrine for failure to protect against agricultural water pollution from crop irrigation, plaintiffs failed to state claims for which either declaratory or mandamus relief was

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Housing Real Estate
March 11, 2022 California Coastal Act Environmental and Land Use Litigation

Action Challenging Restrictions on Short-Term Vacation Rentals Was Barred by 90-Day Statute of Limitations

The Court of Appeal held that an action to set aside an ordinance restricting short-term vacation rentals. View blog post
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January 4, 2022 Environmental and Land Use Litigation

Union Intervention in Case Properly Denied Where Inclusion Would Unduly Complicate Litigation

Courts may deny permissive intervention if there are already multiple parties in the case and the intervenor's interests will be adequately represented by other parties. South Coast Air Quality Management District v.

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May 3, 2021 Takings California Coastal Act Environmental and Land Use Litigation

Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim

Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No.

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