Miller Starr Regalia

Has The Link Between Business Goodwill And Profits Been Severed?

When property is taken by eminent domain, the owner of a business operated on the property is entitled to compensation for any “business goodwill” lost due to the taking. Usually, “goodwill” translates into a business’s…more
| Constitutional Law, Real Estate - Commercial, Zoning, Planning & Land Use

California Supreme Court Denies Review in Expedited CEQA Litigation over Golden State Warriors Arena Project Approval

On January 17, 2017, the California Supreme Court denied the losing appellants’ petition for writ of supersedeas, stay request, and petition for review of the First District Court of Appeal’s decision in Mission Bay Alliance v…more
| Civil Procedure, Construction Law, Environmental Law, Zoning, Planning & Land Use

Agenda with Superficial Description Violated Brown Act but Related Land Use Initiative for a Walmart Store did not Violate California Constitution

On January 5, 2017, the Court of Appeal for the Fourth Appellate District partially published Hernandez v. Town of Apple Valley, __ Cal.App.5th __ (2016) (Case No. E063721). The published portion of the opinion addresses…more
| Constitutional Law, Real Estate - Commercial, Zoning, Planning & Land Use

Supreme Court Grants Review in Medical Marijuana Case Presenting CEQA “Project” Definition Issues

On January 11, 2017, the California Supreme Court by unanimous order granted review in yet another CEQA case, Union of Medical Marijuana Patients, Inc. v. City of San Diego (2016) 4 Cal.App.4th 103, Supreme Court Case No…more
| Civil Procedure, Zoning, Planning & Land Use

Property Reserve and Precondemnation Entries – The Epilogue

As we have previously reported, the California Supreme Court in Property Reserve, Inc. v. Superior Court (2016) 1 Cal.5th 151, ruled that the California statutes allowing precondemnation entry by the government to test and…more
| Civil Procedure, Zoning, Planning & Land Use

Completing the Loop Without Reinventing the Wheel: First District Holds 1998 EIR Adequate Without Further CEQA Review to Analyze Impacts of SF Muni’s Delayed Completion of Dogpatch Area Light Rail Line Loop

In an opinion filed November 29, and belatedly ordered published on December 22, 2016, the First District Court of Appeal affirmed the trial court’s denial of a writ petition challenging on CEQA grounds the San Francisco…more
| Construction Law, Environmental Law, Zoning, Planning & Land Use

California Supreme Court Overturns City’s General Plan Consistency Determination, Holding that 1973 Resolution is Not Part of its Current 2010 General Plan

Attorneys are undoubtedly familiar with the adage that “bad facts make bad law.” When an agency makes a general plan consistency determination, bad facts can also result in a court concluding that the deference typically owed…more
| Zoning, Planning & Land Use

CEQA Does Not Require Local Lead Agency To Provide For Administrative Appeal To Elected Body of Nonelected Body’s Decision That Project Changes Require No Subsequent Review

In an opinion filed December 7, and later ordered published on December 16, 2016, the Fourth District Court of Appeal affirmed a judgment denying a writ petition on the “single legal issue” whether plaintiffs were entitled under…more
| Environmental Law, Zoning, Planning & Land Use

Court Upholds Golden State Warriors’ Mission Bay Event Center and Mixed-Use Development Project

On November 29, 2016, the Court of Appeal for the First Appellate District rejected a challenge to the sufficiency of the San Francisco’s environmental analysis and upheld the City’s approval of an arena to house the Golden…more
| Construction Law, Zoning, Planning & Land Use

Slam Dunked! First District Rejects All CEQA And Land Use Challenges To Golden State Warriors Event Center Project And EIR In Expedited Litigation

In a lengthy published opinion filed November 29, 2016, the First District Court of Appeal rejected all legal challenges to the City of San Francisco’s Final Supplemental Environmental Impact Report (FSEIR) and related land use…more
| Environmental Law, Zoning, Planning & Land Use

Wither Subsequent Review? Supreme Court Again Weighs In On CEQA Subsequent Review Standards Following Negative Declarations – Grants, Retransfers, and Depublishes First District’s Coastal Hills Rural Preservation Decision

On November 22, 2016, the California Supreme Court issued a significant Order granting review in Coastal Hills Rural Preservation v. County of Sonoma (2016) 2 Cal.App.5th 1234, and also transferring the matter back to the Court…more
| Environmental Law, Zoning, Planning & Land Use

HUD and DOJ Release Updated Joint Statement on “State and Local Land Use Laws and Practices and the Application of the Fair Housing Act”

On November 10, 2016, the U.S. Department of Housing and Urban Development and the U.S. Department of Justice released a “Joint Statement” providing updated guidance on the application of the federal Fair Housing Act to state…more
| Civil Rights, Real Estate - Residential, Zoning, Planning & Land Use

New California Law Regarding Disclosure Of Disability Access Compliance In Commercial Real Property Leases

Beginning January 1, 2017, revisions to current California law will expand the disclosure requirements and the responsibilities of landlords and rights of tenants regarding the compliance of commercial real property with…more
| Civil Rights, Real Estate - Commercial

Kelo Gives a Reasonable and Long-Accepted Reading of the Fifth Amendment, but it Remains one of the Supreme Court’s Worst Decisions

In 2005, the United States Supreme Court decided in Kelo v. City of New London, 545 U.S. 469 (2005), that the Constitution allows the government to take private property through eminent domain for the purpose of “economic…more
| Civil Procedure, Constitutional Law, Zoning, Planning & Land Use

Court Rules that California Coastal Commission Staff Members who Participate in Enforcement Proceedings Before the Agency May Also Participate in Related Litigation

California’s courts have frequently addressed a party’s due process rights to a fair and impartial decision maker in quasi-judicial proceedings, holding that during such proceedings there must be separation of prosecutorial…more
| Administrative Law, Civil Procedure, Zoning, Planning & Land Use
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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
  • Commercial Law & Contracts
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Litigation
  • Real Estate
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys

25-50 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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