A recent case involving developer Charles Keenan and the City of Palo Alto highlights the importance of strict compliance with Mitigation Fee Act's requirement that findings be made every five years concerning unexpended fees.

The First Appellate District held that the Regents of the University of California failed to comply with CEQA in certifying the project EIR for its student housing project at People's Park. Make UC a Good Neighbor v. Regents of University of Cal. (2023 WL 2205638, Feb. 24, 2023).

The Court of Appeal upheld the approval of an eldercare facility, rejecting claims that the project was inconsistent with the zoning code based on architectural incompatibility and interference with views and ineligible for the Class 32 categorical exemption. Pacific Palisades Residents Association, Inc. v. City of Los Angeles, 88 Cal. App. 5th 1338 (2023).

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).

Southern California Edison Company (SCE), a privately-owned public utility, sought to condemn an easement across existing roads on private property in order to service its existing overhead transmission lines.  It obtained an order of prejudgment possession, which the landowner challenged.  The court held that SCE had the power to condemn, that it was not required to adopt a resolutio

Attorneys from Perkins Coie presented the 33rd Annual Land Use and Development Law Briefing on January 31, 2023.

Topics included:

The firm's annual publication, CEQA Year in Review, a summary of 2022 published decisions involving the California Environmental Quality Act, is now available.

A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of the hotel and caused various problems, such as noise and dust, which interfered with the use and enjoyment of the property and resulted in monetary damages.

A court of appeal has denied CEQA challenges to the EIR for an apartment project, holding that analysis of biological impacts need not be based on surveys conducted in the same year the city issued its notice of preparation of the EIR. Save North Petaluma River and Wetlands v. City of Petaluma, 86 Cal.App.5th 207 (2022).

The EIR for a residential project has been struck down because its discussion of project alternatives did not analyze the possibility that public funds might be used to acquire the land for open space. Save the Hill Group v. City of Livermore, 76 Cal. App. 5th 1092 (2022).

A SUMMARY OF PUBLISHED APPELLATE OPINIONS UNDER THE 

Update: On January 18, 2023, the Third District Court of Appeal issued a revised opinion on rehearing, ordering partial decertification of the EIR and allowing certain construction activities to proceed during remand (see "Partial Decertification & Severance" below.)

The First District Court of Appeal overturned the City of San Francisco's decision that Saint Ignatius High School's project to install four permanent 90-foot-tall athletic field lights was exempt from CEQA. Saint Ignatius Neighborhood Association v. City and County of San Francisco, 85 Cal.App 5th (2022).

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).