News & Analysis as of

Public Parks

Torts – Recreational Use Immunity – Consideration Exception

by Low, Ball & Lynch on

The consideration exception to CA’s recreational use immunity statute is contingent upon payment of consideration, not its receipt by the party seeking immunity. Pacific Gas and Electric Company v. The Superior Court of...more

Bethesda Downtown Plan is First of its Kind

by Ballard Spahr LLP on

The Montgomery County Planning Board has approved—and will now send to the County Council for review—the Bethesda Downtown Plan, a potentially groundbreaking master plan that integrates the zoning and financing of public...more

Alert - City Increases Park/Quimby Fees for ALL Future Residential Buildings

by Ervin Cohen & Jessup LLP on

As some of you are aware, the City Planning Department along with Parks and Recs have been pushing to increase the Quimby fees (Parks fees for new condo/for sale units) as well as to create new Park Fees for newly constructed...more

If A Tree Falls In The (Urban) Forest … Does CEQA Apply? Sixth District Holds City Of Santa Cruz’s Amendment Of Tree Protection...

by Miller Starr Regalia on

When California local governments stretch their resources too far to regulate private conduct and property rights in the name of environmental protection, CEQA can make it quite onerous to undo what has been done. And one can...more

CEQA Litigation Abuses Documented By New Empirical Study Of Recent Case Filings

by Miller Starr Regalia on

A 138-page report, including 371 footnotes and a 30-page appendix listing all properly documented CEQA lawsuits filed in California over its 3-year study period (2010-2012), has been posted by its authors, Holland & Knight...more

Lake Elsinore to use Eminent Domain to Expand Serenity Park

by Nossaman LLP on

On Tuesday, the Lake Elsinore City Council adopted a Resolution of Necessity to acquire a 2+ acre property in order to expand Serenity Park. As Michael Williams describes in his article “City hopes to take over boat launch,”...more

Los Angeles County Ballot: "P" is for Parks, Prevention and Protection – or Profligacy?

by Lewitt Hackman on

The full title of Measure P is: Safe Neighborhood Parks, Gang Prevention, Youth/Senior Recreation, Beaches/Wildlife Protection Measure. The initiative seeks to ensure continued funding for these listed concerns via a $23 tax...more

Raleigh and State Are Close(r) on a Deal for "Destination" Dix Park

We've blogged in the past about the dance between the City of Raleigh and the State of North Carolina over the City's 300-plus acre Dorothea Dix campus, which belongs to the State, leased to the City, returned to the State,...more

Firearm Concealed Carry Act

by Howard Ankin on

On July 9, 2013, the Firearm Concealed Carry Act became state law and Illinois became the 50th state to enact concealed-carry legislation. The Illinois law allows concealed guns on private property and places of work and...more

BB&K Municipal & Public Safety Legal Alert: Court Holds Bans on Sex Offenders Entering Parks Without Permission Invalid

by Best Best & Krieger LLP on

Court of Appeal Holds State Law Preempts Local Ordinances - Overview: A California Court of Appeal recently struck down a provision of the Irvine Municipal Code and an Orange County ordinance, both of which required...more

The Quimby Act is Amended to Allow Cities and Counties to Create Greater Park Access

by Best Best & Krieger LLP on

Quimby Act Fees Can Be Used for Parks in Neighborhoods Other Than Near Developer’s Subdivision - Governor Jerry Brown recently signed Assembly Bill 1359 (AB 1359) into law allowing cities and counties to use developer...more

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