Miller Starr Regalia

Prevailing Parties in Land Use Litigation May Recover Attorney’s Fees for Preparation of Administrative Record

On July 28, 2016, in a case of first impression, the Court of Appeal for the Sixth Appellate District held that labor costs for attorneys and paralegals to prepare the administrative record in a land use case are recoverable as…more
| Civil Procedure, Zoning, Planning & Land Use

Second District Upholds Application of CEQA’s Class 3 Categorical Exemption For New Small Structures To City’s Approval of Small Car Wash/Coffee Shop Project, Rejects Appellants’ Attempt To Invoke Unusual Circumstances Exception

In a published opinion filed July 21, 2016, the Second District Court of Appeal affirmed the trial court’s judgment rejecting plaintiffs/residential neighbors’ (“Appellants”) CEQA challenge to the City of Redondo Beach’s…more
| Environmental Law, Zoning, Planning & Land Use

Discovery Rule Does Not Postpone Accrual of CEQA Cause of Action; Events Specified In CEQA Statute of Limitations Provide Constructive Notice of Project Approval or Commencement

In a short but significant published opinion filed July 19, 2016, the First District Court of Appeal affirmed the San Francisco County Superior Court’s judgment of dismissal following the sustaining of demurrers (without leave…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

Unsubstantiated Challenges to an Agency’s Conditional Use Permit Findings Will Not Fly

Developing real property in California is notoriously difficult. Given minimal standing requirements, project opponents can and do tie up and delay new development for the mere cost of a filing fee. In order to prevail in such…more
| Zoning, Planning & Land Use

Court Rejects General Plan Consistency Challenge Regarding City’s Approval of Franchise Retail Store Where Applicable Economic Development Goals and Policies are Alleged to Favor Small, Independent Businesses

Numerous California communities regulate broad economic development objectives through general plan goals and policies intended to encourage and support small businesses or to ensure the compatibility of new commercial…more
| Environmental Law, Zoning, Planning & Land Use

Fourth District Holds Non-Expert Opinion Fails To Support “Fair Argument” Under CEQA That Approval of Non-Regional Retail Store In Joshua Tree Would Cause Urban Decay

In an opinion filed June 15, and ordered partially published on July 13, 2016, the Fourth District Court of Appeal reversed the trial court’s judgment requiring the County of San Bernardino to prepare an EIR instead of a…more
| Environmental Law, Zoning, Planning & Land Use

CEQA Remedies Statute Does Not Authorize Appellate Court To Issue Writ And Supervise Compliance On Direct Appeal, Holds Second District In Partially Published Decision On Remand In Newhall Ranch Case

In the published part of a partially published opinion filed July 11, 2016, the Second Appellate District Court of Appeal held that Public Resources Code § 21168.9 does not authorize an appellate court to issue and supervise…more
| Environmental Law, Zoning, Planning & Land Use

AEP Launches New CEQA Portal Website As Compliance Resource

The Association of Environmental Professionals (AEP) has developed a new CEQA reference website designed to provide detailed, authoritative, and easy to understand information on CEQA and CEQA compliance. While the site went…more
| Environmental Law

Supreme Court CEQA Subsequent Review Case Briefing Completed And Case Submitted (Apparently)

As a brief follow up to my earlier posts of April 26, May 4, and May 12, 2016, it appears that supplemental and amicus briefing has ended and that the matter has now been submitted for decision in the important Supreme Court…more
| Environmental Law, Zoning, Planning & Land Use

Development Project May be Declared Consistent with General Plan Even if Quantitative Standards Exceeded

There is no question in California land use law that development projects need not comply with every goal or policy in a community’s general plan. While a city’s or county’s land use decisions must be consistent with the goals…more
| Real Estate - Residential, Zoning, Planning & Land Use

Court Rejects City’s Anti-SLAPP Claim Regarding Would-Be NFL Stadium in Carson

The location of several National Football League franchises have been in flux for years, with teams such as the Chargers, Raiders, and Rams seeking modern, amenity-laden stadiums they have been unable to attain in their current…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts

Fourth District Modifies CEQA Categorical Exemption Opinion Involving Palm Springs General Plan Amendment Without Altering Judgment

In an order filed June 17, 2016, the Court of Appeal for the Fourth Appellate District (Division 2) modified its opinion filed April 22, and ordered partially published May 20, 2016, in People for Proper Planning v. City of Palm…more
| Environmental Law

Court Clarifies that Brown Act “Cease and Desist” Requirements Apply to Past Actions of a Legislative Body and Awards Costs to Prevailing Plaintiff

In 2012, the California legislature amended the remedies available to address violations of the Ralph M. Brown Act. The amendment added section 54960.2 to the Government Code to require that anyone seeking to challenge past…more
| Elections & Politics, Zoning, Planning & Land Use

Grand Jury finds Oakland City Council Member Broke Ethics Rules in Interfering With a Housing Development Next Door to Her Home

In a final report issued June 21, 2016, the Alameda County Grand Jury found that an Oakland City Council member used her position and office to advocate for private gain, and not the good of the City, in interfering with the…more
| Zoning, Planning & Land Use

Deficient CEQA Guidelines Appendix F Energy Impacts Analysis Causes First District To Pull The Plug On Ukiah Costco Project EIR

In a partially published opinion filed June 21, 2016, the Court of Appeal for the First Appellate District reversed in part the Mendocino County Superior Court’s judgment denying a writ petition challenging the City of Ukiah’s…more
| Environmental Law
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Contact

1331 N. California Blvd.
5th FL
Walnut Creek, CA 94596, United States

Contact: Nadine Nassif


Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Organizations
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Locations
Other U.S. Locations
  • California
Number of Attorneys

25-50 Attorneys

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