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Mitigated Negative Declaration Land Developers

Downey Brand LLP

CEQA Plaintiffs Beware: Meritless Lawsuits May Be Subject To Counter-Claims for Malicious Prosecution

Downey Brand LLP on

In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution...more

Manatt, Phelps & Phillips, LLP

Amended Court Rule Provides Certainty for CEQA Statutes of Limitations

On April 6, 2020, the Judicial Council of California (Council) adopted a court rule that tolled statutes of limitations for all civil causes of action until 90 days after the Governor declares that the state of emergency is...more

Perkins Coie

City Not Required to Evaluate Impacts of Loss of Rental Units from Already-Vacant Building

Perkins Coie on

A lead agency was not required to evaluate the housing-related impacts of a proposed hotel in a vacant building that was formerly used for rental housing. Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles,...more

Perkins Coie

City’s Bifurcated Procedure For Appealing Approval of Entitlements Separately From CEQA Determinations Upheld

Perkins Coie on

The Fourth District Court of Appeal upheld a mitigated negative declaration where the project opponent correctly appealed the approval of entitlements but failed to properly appeal the CEQA determination under the City of San...more

Downey Brand LLP

Clean Sweep for City of San Diego in Challenge to Approval of Private School

Downey Brand LLP on

On December 20, 2017, the Fourth District Court of Appeal delivered a solid win for the City of San Diego in a multi-faceted challenge to its approval of a private school pursuant to a Mitigated Negative Declaration (“MND”)....more

Stoel Rives LLP

Vapor Intrusion Risk Insufficient to Trigger EIR for Urban Infill Project

Stoel Rives LLP on

In Parker Shattuck Neighbors, et al. v. Berkeley City Council, et. al. (First Appellate District, December 30, 2013) (“Shattuck Neighbors”), the court upheld the City of Berkeley’s approval of a mitigated negative declaration...more

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