News & Analysis as of

City Councils Conditional Use Permit

Alston & Bird

Land Use Matters: April 2021

Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters and new CEQA appellate decisions....more

Downey Brand LLP

Third Appellate District Voids City Council Vote Based on Legislative Member’s Bias

Downey Brand LLP on

On May 8, 2020, the Third Appellate District, certified for publication its earlier decision in Petrovich Development Co. LLC v. City of Sacramento (C087283), where the Court, in a rare decision, voided a city council’s...more

Perkins Coie

Project Denial Invalidated Where Councilmember’s Actions Crossed the Line Into Advocacy Against the Project

Perkins Coie on

The Court of Appeal held that where a city councilmember’s actions evinced bias toward the project, the applicant did not receive a fair hearing and the City Council’s denial of a conditional use permit would be set aside....more

Best Best & Krieger LLP

Court Decision on Bias Tainting a City Council Vote Now Precedent-Setting in California

Legislative Body Members Must be Neutral and Unbiased to Vote on Matters - In affirming a lower court’s rare decision to void a city’s conditional use permit denial, the California Court of Appeal said that, when a...more

Perkins Coie

“Whole of the Council” Meant All City Councilmembers, Not Just Those Present and Voting

Perkins Coie on

A court of appeal upheld the City of Madera’s interpretation of a municipal code provision requiring “a five-sevenths vote of the whole of the [City] Council” as mandating the approval of five councilmembers, rather than a...more

Alston & Bird

Land Use Matters, Alston & Bird LLP, November/December 2016

Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. ...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use: Party On...

Woody’s Group, Inc. v. City of Newport Beach (2015) 233 Cal.App.4th 1012 - Why It Matters: Woody’s Group establishes a very low threshold to prove a decision maker’s unacceptable probability of actual bias, thereby...more

Perkins Coie

Council Member Barred From Considering Own Appeal

Perkins Coie on

In Woody’s Group, Inc. v. City of Newport Beach, the Fourth District Court of Appeal held that the City Council of Newport Beach “violated two basic principles of fairness: you can’t be a judge in your own case, and you can’t...more

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