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Bowman v. California Coastal Commission: New California Court of Appeal Decision Holds that a Collateral Attack is no Substitute...

Sometimes in land use law, the most impactful court holdings come from the simplest of cases. That may be the situation with the new California Court of Appeal decision in Bowman v. California Coastal Commission, issued by...more

3/31/2014 - Nollan v California Coastal Commission Rehabilitation and Restoration Plans SCOTUS

Property Reserve, Inc. v. Superior Court: California Property Owners Secure Victory in New Eminent Domain Opinion

In a victory for California property owners, the California Court of Appeal, on March 13, 2014, issued a new opinion holding that the State of California's proposed entry onto hundreds of properties in Northern California for...more

3/28/2014 - Environmental Assessments Environmental Claims Environmental Policies Property Owners Water

Foothill Communities Coalition v. County of Orange: New California Court of Appeal Upholds Use of "Spot Zoning" Where a...

Spot zoning - the practice of singling out a parcel of property for either more or less restrictive zoning regulations - does not always constitute an impermissible abuse of discretion according to a new opinion from the...more

3/12/2014 - Public Benefits Urban Planning & Development

Tower Lane Properties v. City of Los Angeles: JMBM Prevails in Published Court of Appeal Opinion Holding that a City's Erroneous...

JMBM has prevailed in the Court of Appeal on behalf of its client in a well-publicized and hotly-contested development project in the City of Los Angeles. The court's published opinion will come as welcome relief to property...more

3/12/2014 - Building Standards CEQA Construction Contracts Environmental Policies Local Ordinance Urban Planning & Development

New California Court of Appeal Opinion Holds That Supreme Court's Seminal Nollan and Dolan Opinions do Not Apply Where a Permit...

The well-known "nexus" and "rough proportionality" tests from the United States Supreme Court's opinions in Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994) do not...more

3/12/2014 - Building Permits Dolan v City of Tigard Easements Fifth Amendment Nollan v California Coastal Commission Property Owners SCOTUS Takings

Planned Use of Eminent Domain Powers to Condemn Underwater Mortgages Faces Uncertain Constitutional Outcome

Amidst reports of rising home prices throughout California and fears of a new housing bubble, controversial plans floated by California cities to deal with the lingering effects of the mortgage meltdown by invoking their...more

8/13/2013 - Eminent Domain Fifth Amendment Just Compensation Mortgages Public Use

Citizens for Ceres v. Superior Court: New California Court of Appeal Opinion Addressing Privilege Issues in Connection with Review...

Effective environmental review of a real estate development project under the California Environmental Quality Act ("CEQA") often requires that the approving agency and representatives of the developer work together...more

7/26/2013 - Attorney-Client Privilege CEQA Common-Interest Privilege Entitlements Permits

State Law Preemption of Local Land Use Regulations and the Supreme Court's Recent Decision Upholding Citywide Ban on Medical...

The recent spate of court cases dealing with local regulation of medical marijuana dispensaries ("MMDs") offers an interesting illustration of the interplay between federal, state and local laws that regulate the same subject...more

6/19/2013 - Dispensaries Local Ordinance Medical Marijuana Preemption

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