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Epic Battle over Lafayette Housing Project Finally Ends as California Supreme Court Refuses to Review Unanimous Court of Appeal...

After 12 arduous years, the 315-unit Terraces of Lafayette apartment project is finally clear to be constructed now that the California Supreme Court rejected Save Lafayette’s request for review. The Court also rejected Save...more

Court Rejects Meritless Challenge to Livermore Affordable Housing Project

On January 26, 2023, in Save Livermore Downtown v. City of Livermore, __Cal.App.5th __ (2021) (Case No. A164987), the First District Court of Appeal affirmed a trial court decision rejecting a local NIMBY group’s challenge to...more

Miller Starr Regalia Prevails in Landmark Housing Accountability Act Case

The Terraces of Lafayette is a 315-unit housing development project in Lafayette, California that is perhaps the poster child project under the state’s most important housing production law, known as the Housing...more

New California Law Addresses Delays by Public Agencies in the Post-Entitlement Permitting Process

On January 1, 2023 Assembly Bill 2234, an important new post-entitlement accountability and streamlining law that amends the Housing Accountability Act and adds new sections to the Planning and Zoning Laws, takes effect in...more

“Builder’s Remedy” Provides Key Housing Production Opportunities in California

California is in the midst of the 6th Regional Housing Needs Allocation cycle known as RHNA, a state-mandated process that requires all cities and counties to timely update the housing elements of their general plans to plan...more

New UC Irvine Study Debunks NIMBY Claims That New Affordable Housing Development Reduces Local Property Values and Increases Crime

NIMBY project opponents rely on an ever-shifting array of flimsy arguments to challenge new housing developments, especially those with affordable housing components.  Among the most frequently stated concerns is the notion...more

Court Holds that the Legislature Really Did Dissolve Redevelopment Agencies and Rendered the 15% Affordable Housing Requirement...

The AIDS Healthcare Foundation is an extremely well-funded Los Angeles-based non-profit that now engages in some of the most pernicious anti-housing activities in California.  The organization recently challenged the approval...more

California Attorney General Continues to Enforce State Housing Laws

In late 2020, California Attorney General Rob Bonta announced the creation of a “Housing Strike Force” within the California Department of Justice (DOJ) to enforce state housing laws by putting to put teeth into often-ignored...more

State Housing Law Again Preempts Subjective Local Development Standards

On February 2, 2022, in Bankers Hill 150 v. City of San Diego, __ Cal.App.5th __ (Case No. D077963), the Fourth District Court of Appeal relied on fundamental provisions of California’s Density Bonus Law in rejecting a...more

Court Affirms City’s Determination That Substantial Evidence Supports Approval of Mixed-Use Development Project

On September January 12, 2022, in Old East Davis Neighborhood Association v. City of Davis, __ Cal.App.5th __ (Case No. C090117), the Third District Court of Appeal reversed a trial court decision that granted a writ petition...more

California Department of Housing and Community Development Warns San Francisco About Potential Violations of State Housing Law

For decades developers and landowners have considered San Francisco as a City that is unfriendly to property rights.  From the City’s Hotel Conversion Ordinance, which severely restricts the conversion of hotels from...more

California Enacts New Housing Legislation to Increase Supply and Address Housing Crisis

On September 16, 2021, Governor Gavin Newsom signed several new key housing bills, all of which take effect January 1, 2022, to increase the supply of new housing in California and address the state’s ongoing housing supply...more

California Poised to Enact New Housing Production Laws Despite NIMBY Opposition

Despite hyperbolic and misleading criticism from various NIMBY groups, California is one step closer to important new state-level land use and housing reform. Contrary to bald statements that these bills would “crush”...more

9/2/2021  /  California , Private Property

Supreme Court Issues Another Important Property Rights Decision

On June 28, 2021, the Supreme Court issued Pakdel v. City and County of San Francisco, 594 U.S. ____ (2021), a unanimous per curiam opinion vacating a ruling by the Ninth Circuit in favor of the City and County of San...more

Supreme Court Issues Major Property Rights Decision in Favor of Landowners, Confirming that Government-Sanctioned Physical...

In a 6-3 opinion written by Chief Justice John Roberts, Cedar Point Nursery v. Hassid, __ U.S. __ (2021) (Case No. 20-107), the Supreme Court issued a major property rights decision in favor of landowners in a case addressing...more

County’s Initiative-Enacted General Plan Traffic Mitigation Policies Are Unconstitutional Exactions

On May 4, 2021, in Alliance for Responsible Planning v. Taylor (County of El Dorado), __ Cal.App.5th __ (2021) (Case No. C085712), the Third District Court of Appeal affirmed a trial court decision invalidating as a violation...more

Landowner Prevails in Short-Term Vacation Rental Lawsuit Against Santa Barbara

On May 4, 2021, the Second District Court of Appeal affirmed a trial court decision, in Kracke v. City of Santa Barbara, __ Cal.App.5th __ (2021) (Case No. B300528), enjoining the City of Santa Barbara’s enforcement of a...more

Developer Achieves Complete Victory in SB 35 Decision for New Mixed-Use Development in Berkeley

In Ruegg & Ellsworth v. City of Berkeley, __ Cal.App.5th __ (2021) (Case No. A159218), the first published appellate decision addressing Senate Bill 35, the First District Court of Appeal reversed a trial court decision in...more

Santa Barbara Liable for Taking Private Property When its Permit Denial Made Clear no Development Would be Allowed

In a case that exists only because of the choices a city made in both application decision-making and litigation, the Second District Court of Appeal held, in Felkay v. City of Santa Barbara, __ Cal.App.5th __ (2021), that...more

Supreme Court Wrestles with Line Drawing in an Important Property Rights Case Addressing Physical Taking Rules in the Context of...

During California’s strawberry harvesting season in the summer of 2015, union activists entered a nursery’s property under the authority granted by a California regulation that allows union organizers to enter the private...more

Game Changer: Public Agency Cannot Mandate Payment of Attorney Fees Under Indemnity Agreement Without Specific Statutory Authority

In a low-profile but important new decision, San Luis Obispo Local Agency Formation Commission v. City of Pismo Beach, __ Cal.App.5th __ (2021) (Case No. B296968), the Second District Court of Appeal affirmed a trial court...more

Supreme Court Again Declines to Hear Major Property Rights Case, Leaving in Place Hopelessly Muddled Takings Doctrine

As former U.S. Supreme Court Justice John Paul Stevens famously explained, more than 30 years ago, about the Supreme Court’s takings cases: “Even the wisest of lawyers would have to acknowledge great uncertainty about the...more

Landowner’s Efforts to Void and Redraw Subdivision Map Fails Under Laches Doctrine

The often invoked but rarely successful laches doctrine is an equitable defense when a party unreasonably delays enforcing a right and when granting the relief sought would prejudice the adverse party.  A petition for...more

Proposed California Budget Would Create Housing Accountability Unit and Add New Targeted CEQA Exemptions Focused on Housing

On January 8, 2021 California Governor Gavin Newsom proposed an expansive state budget that includes $1.75 billion to purchase additional motels, develop short-term community mental health facilities, and purchase and...more

Court Upholds Coastal Commission Cease and Desist Order Directing Homeowners to Remove Seawall Protecting $25 Million Home and Pay...

On December 18, 2020, the Fourth District Court of Appeal published 11 Lagunita, LLC v. California Coastal Commission, __ Cal.App.5th __ (2020) (Case No. G058436), a case involving a Coastal Development Permit issued by the...more

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