News & Analysis as of

Mixed-Use Zoning Appeals

Snell & Wilmer

Colorado Court of Appeals Further Expands Definition of “Residential Property” for Homeowner Protection Act

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Colorado’s Homeowner Protection Act (“HPA”), C.R.S. § 13-20-806(7)(a), renders void as against public policy a contract’s limitation or waiver of a “residential property owner’s” rights and remedies provided under Colorado’s...more

Meyers Nave

Meyers Nave Secures Victory for City of Oakland as Court of Appeal Upholds EIR for A’s Baseball Stadium Project

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In a lengthy published decision, the Court of Appeal upheld the City of Oakland’s environmental impact report (EIR) for the proposed Oakland A’s MLB stadium and mixed use project, rejecting numerous challenges and affirming...more

Downey Brand LLP

In First Published Opinion Interpreting SB 35, Court of Appeal Rejects City of Berkeley’s Attempts to Avoid Application of the Law...

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On April 20, 2021, the First District Court of Appeal filed its first published opinion interpreting California Senate Bill 35’s streamlining provisions in Ruegg & Ellsworth v. City of Berkeley. The Court held that the City...more

Bowditch & Dewey

Massachusetts’ New Economic Relief Bill – What Enabling Partnerships for Growth Means for Local Zoning

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On January 14, 2021, Governor Baker signed the Act Enabling Partnerships for Growth (the “Act”). Although Governor Baker vetoed specific parts of the Act, it includes a number of provisions that affect local zoning....more

Snell & Wilmer

In California the Housing Crisis Yields to Luxury Spas

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A recent court of appeal opinion out of San Diego demonstrates how the California Environmental Quality Act (“CEQA”) has once again been used to impede housing development—this time to the benefit of a high-end luxury spa. ...more

Farella Braun + Martel LLP

The Winding Trail Home: Marin County Secures Key Multi-Use Trail Access Decision

With Marin County’s Mt. Tamalpais often considered the birthplace of mountain biking, it should not be surprising that the County finds itself at the forefront of California’s battle over multi-use trail access and...more

Farrell Fritz, P.C.

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

Farrell Fritz, P.C. on

In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more

Perkins Coie

CEQA Year in Review 2019

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Perkins Coie

EIR’s Project Description May Present Alternative Development Options and the Agency May Approve A Variant of an Analyzed...

Perkins Coie on

An EIR’s project description may identify alternative development schemes proposed for a single project, and the agency may approve a modified version of the project that incorporates elements of one of the alternatives...more

Farrell Fritz, P.C.

Time-Frames for Prosecuting an Article 78 Challenge May Be Shorter Than You Think

Farrell Fritz, P.C. on

In Rimler v. City of New York, 2019 N.Y. Slip Op. 03599 (2d Dept, May 8, 2019), which involved a challenge to the issuance of a negative declaration, the Appellate Division, Second Department, affirmed a judgment of the...more

Perkins Coie

CEQA Year In Review 2018

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Farrell Fritz, P.C.

The Domain of Interpreting Zoning Ordinance: “Resort” to the Zoning Board of Appeals

Farrell Fritz, P.C. on

In opposing Crossroad Ventures, LLC’s (“Crossroad Ventures“) endeavor to construct a vacation resort partially within the Town of Shandaken, (“Town“), grassroots preservation organization Catskill Heritage Alliance, Inc....more

Best Best & Krieger LLP

Parking Impacts Warrant Only Limited Consideration under CEQA for Infill Projects in Transit Priority Areas - Court Upholds City...

Parking impacts (as distinguished from secondary impacts related to parking) associated with infill development in transit priority areas are exempt from environmental review under certain circumstances, a California...more

Downey Brand LLP

Second Appellate District Rejects Challenge to EIR Alternatives Analysis for West Hollywood Redevelopment Project

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On December 22, the Second Appellate District certified for publication its November 30 opinion in Los Angeles Conservancy v. City of West Hollywood, concerning a proposed mixed-use redevelopment of the “Melrose Triangle”...more

Downey Brand LLP

Fourth Appellate District Upholds EIR for 200-Acre Specific Plan Development in Riverside County

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In its February 14 decision (certified for publication on March 15) in Residents Against Specific Plan 380 v. County of Riverside, the Fourth Appellate District upheld the County of Riverside’s (“County’s”) approval of a...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19378 - State v. Francis - SC19411 - State v. Wright - Appellate Court Advance Release Opinions: AC35949 - State v. Porter - AC36656 - State v. Gonzalez - AC36971...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...

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

Miller Starr Regalia

Fourth District Holds CEQA Does Not Require City To Predict ESHA Determinations In Approving Project Over Which Coastal Commission...

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In a published opinion filed May 20, 2015, the Fourth District Court of Appeal reversed the trial court’s judgment granting mandate relief based on a general plan violation, affirmed its denial of relief under CEQA, and...more

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