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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.

Forest
August 21, 2025 NEPA

Cumulative Impacts Analysis of Forest Thinning Project Inadequate Under NEPA

The Ninth Circuit held that the Forest Service’s substantial reduction of a forest thinning project between the Draft and Final EAs did not require repeating the public comment process or considering new alternatives under NEPA. However, it found the Forest Service violated NEPA by failing to adequately analyze cumulative impacts in conjunction with a related project.

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Oakland
May 26, 2025 Subdivision Map Act

Pre-1972 Conveyance of Multiple Lots Did Not Create Separate Legal Parcels Under Map Act

Under the Subdivision Map Act, the creation of legal parcels prior to 1972 requires more than a deed referencing multiple lots—only a conveyance that separates a portion of land from contiguous property creates a new legal parcel. Cox v. City of Oakland, 17 Cal.5th 362 (2025).

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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
Los Angeles
March 19, 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. Fix the City, Inc. v. City of Los Angeles, 100 Cal. App. 5th 363 (2024).

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Two Buildings
July 7, 2023 Land Use Subdivision Map Act

Lot Created on 1869 Map and Conveyed With Fewer Than Four Other Lots Was Lawfully Subdivided

The First District Court of Appeal held that a single deed conveying four or fewer contiguous lots can qualify for a presumption of legality under section 66412.6(a) of the Subdivision Map Act so long as the lots are separately described (including by reference to an antiquated subdivision map) and all other requirements of section 66412.6(a) are satisfied.

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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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Aerospace & Transportation, image of plane
June 2, 2023 NEPA

Ninth Circuit Upholds FAA’s Alternatives Analysis Limited to Airport Project and No Action Alternative But Invalidates EIS For Failure to Aggregate Construction Equipment Noise

The Ninth Circuit upheld the Federal Aviation Administration's decision to study only the project and the no action alternative in an EIS for a new passenger terminal. However, the court found the FAA violated NEPA by failing to account for the combined noise that could result from the simultaneous operation of different types of construction equipment. City of Los Angeles v.

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view of people meeting through glass wall
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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Placeholder image
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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