News & Analysis as of

Reversal Zoning Laws

Pierce Atwood LLP

Wrong Procedure Costs City $1 Million Dollar Judgment Against Developer it Fined for Building Without Permits

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In a striking blow, stripping a city of a judgment of nearly $1 million, the Massachusetts Appeals Court recently reversed a superior court summary judgment awarding fines to the City of Haverhill for a developer’s violations...more

Downey Brand LLP

Fifth Appellate District Invalidates Kern County Oil and Gas Ordinance

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On Tuesday, February 25, 2020, the Fifth Appellate District invalidated Kern County’s 2015 Oil and Gas Ordinance (the “Ordinance”), which was intended to streamline the permitting process for a variety of oil and gas...more

Conn Kavanaugh

Abutter Must Prove Particularized Injury to Confer Standing in Zoning Appeals

Conn Kavanaugh on

On March 6, 2020, just a day after hearing oral argument, the Supreme Judicial Court reaffirmed the longstanding principle that abutting landowners have standing to challenge the application of zoning bylaws only if they...more

Holland & Knight LLP

Court of Appeal Affirms California's Interest in Housing Can Override Laws of Charter Cities

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For decades, the California State Legislature has enacted numerous laws that limit the authority of local governments to constrain the supply and affordability of housing. These include the Housing Element Law, which requires...more

Perkins Coie

Award of Attorney’s Fees Warranted Where Plaintiff Lost on Most Claims But Achieved Primary Litigation Objective

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A plaintiff challenging a city council’s interpretation of a local ballot measure was entitled to recover costs and attorney fees when successful on only one cause of action because the primary relief sought was granted....more

Farrell Fritz, P.C.

Doctrine of Laches Bars Neighbor’s Challenge to Development

Farrell Fritz, P.C. on

A recent Second Department decision applying the doctrine of laches highlights the importance of taking prompt action against a property owner who may be acting in violation of a zoning or building code....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

Carlton Fields on

Real Property Update - • Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more

Patton Sullivan Brodehl LLP

Loss of Use can be “Property Damage” under Insurance Policies

General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not...more

Foster Garvey PC

Short-Term Rental Update: L.A. approves regulations for short-term rentals; Las Vegas Council new rule called ‘A Ban In Disguise’...

Foster Garvey PC on

In our Short-Term Rental Update this week, we focus on developments in the industry. New regulations in Los Angeles, which are expected to go into effect in July 2019, will prohibit “rogue hotels” but allow limited...more

Perkins Coie

Port Master Plan Conflicted with Coastal Act Goals

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A core principle of the California Coastal Act is to maximize public access to the coast, including recreational opportunities in the coastal zone. The Court of Appeal determined that the Coastal Commission acted within its...more

Downey Brand LLP

Court of Appeal Allows CEQA Challenge to PG&E Tree Removal Project to Proceed, But Finds Claims under Planning & Zoning Law...

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On October 23, the First Appellate District issued its opinion in Save Lafayette Trees v. City of Lafayette et al. (Case No. A154168) finding that Save Lafayette Trees’ (“Save Lafayette”) CEQA challenge to a Pacific Gas and...more

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

Holland & Knight LLP on

• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more

Miller Starr Regalia

Second District Applies CEQA’s “Subsequent Review” Rules to Uphold EIR Addendum for Revised Target Superstore Project Including...

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In a lengthy published opinion filed August 23, 2018, the Second District Court of Appeal reversed the trial court’s judgment, and upheld the City of Los Angeles’ addendum to a prior project-level EIR for a Target Superstore...more

Nossaman LLP

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

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One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

Nossaman LLP

Judge Should Consider Constitutionality of a Dedication Requirement, Not the Jury

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Every year or so, a new appellate court decision comes out addressing the proper role of the judge versus the jury on some certain eminent domain issue. Most recently, a trial court, appellate court and the California Supreme...more

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