In a recently published decision and a case of first impression, the California Court of Appeal has held that development limited to a 2.38-acre portion of an existing 12-acre shopping center qualified for the "infill...more
As Holland & Knight has previously reported, California courts have consistently enforced state housing laws that preempt land use and planning decisions by local governments. (See previous Holland & Knight alerts, "Court of...more
6/22/2021
/ Ballot Measures ,
Constitutional Amendment ,
General Plan ,
Housing Developers ,
Housing Market ,
Land Use Restrictions ,
Local Ordinance ,
Moratorium ,
Preemption ,
Proposed Legislation ,
Referendums ,
State and Local Government ,
State Constitutions ,
Urban Planning & Development ,
Zoning Laws
The California Court of Appeal, Fourth Appellate District, issued a published decision (North Murrieta Community, LLC v. City of Murrieta, Case No. E072663) on June 8, 2020, that addressed how inconsistencies can arise...more
• Sacramentans for Fair Planning v. City of Sacramento is a case of first impression holding that cities and counties may continue to rely on the streamlined environmental review under the California Environmental Quality Act...more
7/30/2019
/ CEQA ,
Due Process ,
Environmental Assessments ,
Environmental Impact Report (EIR) ,
Equal Protection ,
General Plan ,
Land Use Restrictions ,
Mixed-Use Zoning ,
Sustainable Communities Strategy ,
Sustainable Projects ,
Urban Planning & Development
• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more
9/10/2018
/ Appeals ,
Ballots ,
CA Supreme Court ,
CEQA ,
Development Agreements ,
General Plan ,
Local Ordinance ,
Municipalities ,
Preemption ,
Property Owners ,
Referendums ,
Remand ,
Reversal ,
State and Local Government ,
Vacated ,
Zoning Laws
• In Northern California Water Association et al. v. State Water Resources Control Board et al., the California Third District Court of Appeal rejected challenges to a new annual fee on water right permit and license holders...more
3/30/2018
/ Annual Regulatory Fees ,
Appeals ,
Burden of Proof ,
Bureau of Reclamation ,
In-Lieu Fees ,
Land Developers ,
Permits ,
Property Owners ,
Public Agencies ,
Reversal ,
Supremacy Clause ,
Vetting ,
Water Resources Control Board ,
Water Rights ,
Water Supplies
• In Visalia Retail, LP v. City of Visalia, the California Court of Appeal has rejected a challenge brought under the California Environmental Quality Act (CEQA) to a land use policy in the City of Visalia's General Plan...more
2/8/2018
/ CEQA ,
City Planning Departments ,
Commercial Real Estate Market ,
Commercial Use ,
Environmental Impact Report (EIR) ,
General Plan ,
Land Developers ,
Property Dedication ,
Property Owners ,
State and Local Government ,
Urban Planning & Development
The U.S. Supreme Court on Oct. 30, 2017, denied a petition for certiorari filed by the developers of an 11-unit residential condominium project in the City of West Hollywood seeking to challenge the application by the City of...more
11/1/2017
/ Affordable Housing ,
Appeals ,
Building Permits ,
CA Supreme Court ,
Condominiums ,
Constitutional Challenges ,
Construction Industry ,
In-Lieu Fees ,
Inclusionary Housing Ordinance ,
Local Ordinance ,
Petition for Review ,
Petition for Writ of Certiorari ,
Real Estate Development ,
Residential Real Estate Market ,
SCOTUS ,
Standard of Review
In Lynch v. California Coastal Comm'n, __ Cal.5th __, No. S221980, 2017 WL 2871762, 2017 Cal. LEXIS 5054 (Cal. July 6, 2017), the Supreme Court of California held that the owners of bluff-top residences along the California...more
In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S.S.C. June 23, 2017), the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings:...more
6/30/2017
/ City Planning Departments ,
Common Ownership ,
Fifth Amendment ,
Just Compensation ,
Land Developers ,
Land Parcels ,
Murr v Wisconsin ,
Private Property ,
Property Owners ,
Reasonable Expectations Test ,
Regulatory Takings ,
SCOTUS ,
State and Local Government ,
Takings Clause ,
Zoning Laws
As of January 1, 2014, commercial common interest developments (CIDs) in California are governed by the new Commercial and Industrial Common Interest Development Act.
The New Act establishes provisions specific to...more
In a recent decision, California's Sixth District Court of Appeal reversed a trial court order and upheld the City of San Jose's Inclusionary Housing Ordinance as a legitimate exercise of the local police power. California...more