A recent decision highlights the importance of strict compliance with the Mitigation Fee Act’s requirement that findings be made every five years concerning unexpended fees. The Sixth District Court of Appeal held that the...more
The First District Court of Appeal overturned the City of San Francisco’s decision that Saint Ignatius High School’s project to install four permanent 90-foot-tall athletic field lights was exempt from CEQA. Saint Ignatius...more
The Court of Appeal held that a landowner’s petition for “exclusion” under the Subdivision Map Act seeking orders declaring a parcel map void and restoring the historical lot lines was barred under the doctrine of laches....more
The Ninth Circuit held that a 2012 Environmental Impact Statement that provided a programmatic-level analysis for management of lands in the Alaska National Petroleum Reserve could also be used as the site-specific analysis...more
10/1/2020
/ Alaska ,
Appeals ,
Bureau of Land Management ,
Department of the Interior ,
Environmentally Sensitive Habitat Areas (ESHA) ,
Mineral Leases ,
NEPA ,
Oil & Gas ,
Petroleum ,
Programmatic Environmental Impact Statement (PEIS) ,
Public Land
The Sixth District Court of Appeal held that a medical marijuana dispensary could recover its marijuana plants seized by law enforcement, finding that violation of the ordinance did not render medical marijuana plants...more
An action for breach of a statutory development agreement should be reviewed as a breach-of-contract case, not as an administrative law proceeding in which the court gives deference to the City’s findings. Oakland Bulk &...more
The court of appeal rejected a claim that a Coastal Development Permit (“CDP”) should be invalidated because it was based on intentional misrepresentations, finding that even if accurate and complete information had been...more
A court could properly direct a city council to correct internal inconsistencies in its general plan resulting from adoption of an initiative. Denham, LLC v. City of Richmond, 41 Cal. App. 5th 340 (2019).
The Richmond City...more
1/10/2020
/ Appeals ,
City Councils ,
General Plan ,
Land Developers ,
Land Use Restrictions ,
Local Ordinance ,
Petition for Writ of Mandate ,
Remedies ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws