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Appeals › San Francisco

Snell & Wilmer

The Ninth Circuit Court of Appeals Affirms the Constitutionality of Local Ordinance Requiring Landlords to Pay a Tenant Relocation...

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On February 1, 2022, the Ninth Circuit released its opinion in Ballinger v. City of Oakland 1 affirming the district court’s dismissal of a lawsuit in which the plaintiffs claimed that the City of Oakland’s Uniform...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

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This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Perkins Coie

Categorical Exemptions For Telegraph Hill Residential Project Upheld

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In Protect Telegraph Hill v. City and County of San Francisco (2017) 16 Cal.App.5th 261, the First District Court of Appeal rejected a series of CEQA challenges to San Francisco’s approval of a conditional use permit for the...more

Holland & Knight LLP

Court Upholds San Francisco's CEQA Exemption for Telegraph Hill Project

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In Protect Telegraph Hill v. City and County of San Francisco (Sept. 14, 2017 Slip Opinion A148544, unpublished), the First District Court of Appeal upheld the City of San Francisco's determination that rehabilitation of a...more

Nossaman LLP

Have We Seen the Last Dance for Quantitative Before Condition Goodwill Valuations?

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When a business is taken as a result of a public improvement, the business is entitled to seek compensation for, among other things, loss of business goodwill. Typically, this loss is calculated by measuring the business’...more

Seyfarth Shaw LLP

Opposing Employer Actions Directed at General Public Not Protected Activity

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Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

Miller Starr Regalia

First District Applies CEQA Exhaustion/Standing Rules, Upholds Judgment Rejecting Claim of Statutory Exemption for Controversial...

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In a published decision filed September 17, 2015, the First District Court of Appeal affirmed the trial court’s judgment granting a writ of mandate and finding that a proposed land exchange agreement was not statutorily...more

Sheppard Mullin Richter & Hampton LLP

State Lands Commission Land Exchanges Not Exempt from CEQA Review Absent a Title or Boundary Dispute; Actual Notice Doesn’t...

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In Defend Our Waterfront v. California State Lands Commission (Sept. 17, 2015) __Cal.App.4th __, Case Nos. A141696 & A141697, the California Court of Appeal for the First District upheld the trial court’s grant of a petition...more

Nossaman LLP

Agencies Cannot Make Conditional Final Offers of Just Compensation in Condemnation Actions

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In California eminent domain cases, a property or business owner is entitled to recover litigation expenses (attorneys' fees and expert costs) when the public agency's final offer of compensation is unreasonable and the...more

Nossaman LLP

Court of Appeal Strikes Down 2011 S.F. Charter Requirement that SFERS Be "Fully Funded" Before Vested Supplemental COLAs May be...

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In a March 27, 2015 opinion, the First District Court of Appeal unanimously declared a voter-approved amendment to the Charter of the City and County of San Francisco (City) to be unconstitutional as applied to current City...more

Nossaman LLP

Ninth Circuit Dismisses Action Alleging San Francisco Violated the Endangered Species Act

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In a three-page memorandum decision, the United States Court of Appeals for the Ninth Circuit dismissed Wild Equity and other groups’ appeal from a lower court decision, dismissing as moot a lawsuit alleging that the City and...more

Miller Starr Regalia

The Limits of CEQA Mitigation – Recent Judicial Applications of Nollan and Dolan

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Perhaps foremost among the judicially recognized fundamental constraints on lead agencies’ power to impose various types of mitigation measures on project approvals in the CEQA process is the “doctrine of unconstitutional...more

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