Jeffrey L. Massey

Jeffrey L. Massey

Kronick, Moskovitz, Tiedemann & Girard


Latest Publications

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To Comply With The Brown Act, Consideration Of A CEQA Document Must Be Listed As A Separate Agenda Item From Consideration Of...

A county planning commission posted a meeting agenda that included an item on a potential approval of a subdivision application. At the meeting, the commission not only approved the subdivision, it also approved a Mitigated...more

6/7/2013 - CEQA Mitigated Negative Declaration Notice Requirements Public Meetings Ralph M. Brown Act

Court of Appeal Reverses Trial Court’s Disapproval Of Environmental Impact Report For Seawater Desalination Plant

A municipal water district proposed a project to build a seawater desalination plant to avoid predicted future water supply shortages. After the water district certified an environmental impact report (“EIR”) for the...more

6/6/2013 - CEQA Clean Water Act Critical Habitat Endangered Species Act Environmental Impact Report Fishing Industry Greenhouse Gas Emissions Seismic Data Water

Court of Appeal Narrowly Reads School Bond Measure Language; Parking Shortfall May Constitute An Environmental Impact Under CEQA

A school district board placed a large bond measure on the city ballot to fund projects at multiple schools in the district, including a project to erect stadium lighting at a high school. ...more

6/5/2013 - ADA CEQA Environmental Impact Report Funding Public Schools

County’s Interpretation Of General Plan Amendment Amounted To Regulatory Taking

A county interpreted a voter-enacted amendment to its general plan to prohibit the completion of a self-storage facility on property owned by Lockaway Storage, a project that was in the works before the amendment went into...more

5/30/2013 - Attorney's Fees Ballot Measures Condemnation Fifth Amendment Taking

Court Upholds Zoning Ordinance That Restricts Location Of Medical Marijuana Collectives And Cooperatives

An owner of a medical marijuana collective challenged a county zoning ordinance that restricts the location of medical marijuana collectives and cooperatives to commercial and manufacturing zones. The court of appeals...more

5/15/2013 - Compassionate Use Act Local Ordinance Medical Marijuana

Public Agency May Begin Eminent Domain Proceedings Before Completing CEQA Review, But May Not Actually Acquire The Property Until...

A racetrack landowner challenged a regional park district’s plan to condemn part of the property for construction of a bayside trail, asserting that the park district was required under eminent domain law and the California...more

5/13/2013 - CEQA Compliance Eminent Domain Environmental Impact Report Environmental Review

City May Not Use “Anti-SLAPP” Motion to Dismiss Claim That City Employee Falsely Told Potential Tenants That Property Owner Was...

Property owners often bristle at statements that local government staff make to prospective tenants or purchasers of their property, concerned that they will be scared away by overly harsh or inaccurate speech. When those...more

4/24/2013 - Anti-SLAPP Motion to Dismiss Property Owners Public Employees Tenants

Housing Development With Optional Retail Component Qualifies For CEQA Exemption For Residential Projects Consistent With...

A group of citizens challenged a city’s determination that a proposed residential development qualifies for an exemption under the California Environmental Quality Act (“CEQA”) as a residential project that is consistent with...more

4/24/2013

Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A...

A police officer claimed his due process rights were violated when a partner in a law firm advocated on behalf of a department within a city at a non-binding arbitration. Subsequently a partner from the same law firm advised...more

4/22/2013 - Arbitration Arbitration Awards Conflicts of Interest Due Process

Late Filing Of Appeal Of Environmental Impact Report And Project Approval Is Not Excused Under Code Of Civil Procedure Section 473

An organization sought to challenge a county’s project approval and certification of an Environmental Impact Report for a 155,000-square-foot building, but filed the case three days late. The trial court dismissed the case. ...more

4/11/2013 - CEQA Environmental Impact Report Extensions Statute of Limitations

Court Of Appeal Upholds City’s Ban On Medical Marijuana Dispensaries

A cooperative corporation that operates a nonprofit medical marijuana collective challenged city ordinances that ban medical marijuana dispensaries. The court of appeal held that the ordinances are not preempted by the...more

4/9/2013 - Compassionate Use Act Local Ordinance Medical Marijuana Medical Mariuana Program Act Municipalities Permits Preemption

Court Of Appeal Finds County Approval Of EIR For Sand And Gravel Mining Project Does Not Violate CEQA

An organization challenged a county’s approval of a final revised environmental impact report for a project that would allow sand and gravel mining in the bed of the Cuyama River. The court of appeal affirmed the trial...more

4/1/2013 - CEQA Conditional Use Permit Environmental Impact Report Mining Mitigation Water

UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives

On November 27, 2012, a court of appeal ordered a city to correct the defects in a project description and alternatives discussion in a final environmental impact report (“EIR”) because the court concluded the city had...more

4/1/2013 - CEQA Environmental Impact Report Land Developers Misrepresentation Municipalities Urban Planning & Development Water

Paper Carryout Bag Charge Is Not A Tax

Taxpayers and a manufacturer of plastic bags challenged a county ordinance that prohibits retail stores from providing customers with plastic carryout bags and requires the stores to charge their customers ten cents for each...more

3/12/2013 - Local Ordinance Plastic Bag Bans Retailers

Officers Can Be Held Liable For Preventing An Ambulance That Contained A Shooting Victim From Leaving The Scene And For...

The federal court of appeals recently rejected certain public officials’ attempt to avoid liability by claiming qualified immunity. In that case, the parents and children of a shooting victim sued a county and individual...more

3/11/2013 - Damages Domestic Violence Police Misconduct Qualified Immunity

AB 1344 Addresses Employment Contracts, Open Meetings Notice, and Penalties for Misuse of Public Office

Assembly Bill 1344 (“AB 1344”), signed by the Governor on October 9, 2011, made several changes to laws involving local governance. The bill was introduced in response to the City of Bell controversy. The provisions of AB...more

2/5/2013 - City Charters Elections Code Employment Contract Local Governance Misuse of Public Office Notice Requirements Open Meetings Act Ralph M. Brown Act

Employee Who Was Never Separated Or Dismissed From Employment Could Not State A Claim Against Her County Employer For Failure To...

An employee on disability leave brought a lawsuit against the county that employed her for failure to reinstate her or to help her apply for disability retirement benefits. A court of appeal held that the employee failed to...more

2/4/2013 - Disability Disability Leave Dismissals Eligibility Retirement

No Need To Address Adjacent Project In EIR Because Projects Are Separate, Have Different Proponents, And Serve Different Purposes

A city certified an environmental impact report (“EIR”) for development of a park. A conservancy group claimed the city wrongly defined the project to exclude a residential and commercial development project that was pending...more

1/28/2013 - CEQA Environmental Impact Report Permits Project Definition

City Erred In Certifying Environmental Impact Report That Misdescribed Project’s Objectives

In a case demonstrating the importance of a well-crafted statement of objectives, the appellate court held that a city erred in certifying a final environmental impact report (“EIR”) and approving a project because the EIR...more

1/23/2013 - Appeals CEQA Environmental Impact Report Permits Project Objectives Reversal

Flood Control District Wins Dispute Over Discharge Of Storm Water That Flows Through Improved Portions Of Navigable Waterways

In its most recent foray into the meaning of the Clean Water Act, the Supreme Court has answered the fundamental question: “Does a ‘discharge of pollutants’ occur when polluted water flows from one portion of a river that is...more

1/21/2013 - Clean Water Act Discharge of Pollutants Los Angeles County Flood Control District Permits SCOTUS Storm Water

City May Not Settle Litigation By Negotiating Away Police Powers; Permits Issued Pursuant To Such Settlement Are Invalid

In Summit Media, LLC v. City of Los Angeles (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., December 10, 2012), a California court of appeal considered a challenge to a settlement of a lawsuit between outdoor advertising companies...more

12/29/2012 - Advertising Appeals Local Ordinance Permits Settlement Signs

Police Department Is Not Required To Rehire Disabled Officer Who Is No Longer Able To Perform Essential Functions Of The Job

In Liu v. City and County of San Francisco (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 11, 2012), a California court of appeal considered whether a city police department violated the California Fair Employment and...more

12/27/2012 - Disability Discrimination Essential Functions FEHA Police Reasonable Accommodation Retaliation

Civil Action Challenging Termination Is Barred When Administrative Hearing Is Sufficiently Quasi-Judicial In Nature

In Basurto v. Imperial Irrigation District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., November 8, 2012), a California court of appeal considered whether an employee terminated by a public irrigation district could seek civil...more

12/24/2012 - Administrative Hearings Collateral Estoppel Due Process FEHA Termination

Supreme Court Reins In Court Of Appeal’s Attempt To Rewrite The Statutory Requirements For Presentation Of A Claim Against The...

A woman who allegedly suffered injury while being treated in a county-owned hospital delivered a notice of intent to sue to the risk management department of the hospital instead of the clerk, secretary, auditor or board of...more

12/21/2012 - Government Claims Service of Process

Winery Which Has Plans For Pricy Premium Wine, But Has Not Yet Turned a Profit, Has No Compensable “Goodwill” When Land and Vines...

A winery which planned to increase sales revenues by developing a flagship estate cabernet wine using grapes grown on its own vineyard land, but has never been profitable in the past, does not have a claim for compensation...more

12/10/2012 - Caltrans DOT v Dry Canyon Eminent Domain Just Compensation Loss of Goodwill Taking

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