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Collateral Estoppel Bars Copy-Cat Environmental Plaintiff in New Case After Judgment

Roberson v. City of Rialto (4th Dist., Div. 2, 5/21/2014, E058187) - The Fourth District Court of Appeal affirmed a judgment denying a petition for writ of mandate to invalidate project approvals for the construction...more

7/30/2014 - Collateral Estoppel Environmental Claims Environmental Liability Environmental Policies Wal-Mart

Developer-Prepared Cost Comparisons Can Show Economic Infeasibility Under CEQA

SPRAWLDEF et al. v. San Francisco Bay Conservation and Development Commission et al., (Waste Connections, Inc.) (1st Dist., Div. 1, 4/29/2014, A137619), ___Cal.App.1st, 05/28/2014 In a precedent-setting decision, the...more

6/2/2014 - CEQA Environmental Assessments Environmental Impact Report Environmental Policies

Bright Line Rule: Collateral Estoppel Precludes Attacks on Quasi-Judicial Permit Decisions (But Stay Tuned: Rehearing Granted on...

Simply stated: “[a] collateral attack is not a substitute for an appeal” reasoned the Second Appellate District Court in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 03/18/2014, B243015) ___Cal.App.2nd___,...more

4/17/2014 - Collateral Estoppel Environmental Policies Nollan v California Coastal Commission Permits

The Supreme Court Gets It Right On Takings - And Wrong - A View from "Inside the Curtilage": The Property Owner's Perspective

In Koontz v. St. Johns River Water Management District, the Supreme Court cleared up two important, nagging issues with wide applicability and importance to property owners across the country. First, the 5-member majority,...more

7/12/2013 - Dolan v City of Tigard Fifth Amendment Koontz v St John's River Water Management Land Developers Nexus Nollan v California Coastal Commission Permits Rough Proportionality Test SCOTUS Wetlands

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