In a case that exists only because of the choices a city made in both application decision-making and litigation, the Second District Court of Appeal held, in Felkay v. City of Santa Barbara, __ Cal.App.5th __ (2021), that...more
The often invoked but rarely successful laches doctrine is an equitable defense when a party unreasonably delays enforcing a right and when granting the relief sought would prejudice the adverse party. A petition for...more
The Third District Court of Appeal published an important new case on September 16, 2020—Parkford Owners for a Better Community v. County of Placer, __ Cal.App.5th __ (2020) (Case No. C087824)—holding that a project...more
Early last summer the U.S. Supreme Court released its long-awaited, and deeply flawed decision in Murr v. Wisconsin, __ U.S. __ (2017). We wrote about this unfortunate new takings case here and in “Missed Opportunity In...more
The use and abuse of the California Environmental Quality Act and the elections laws by special interests such as business competitors and labor unions is a pervasive and problematic feature of the California development...more
Since 1907, the Subdivision Map Act has “grandfathered” older subdivisions and the parcels they created if they were properly recorded under any law (including a local ordinance), regulating the design and improvement of...more
On February 28, 2017, just six days after oral argument in Wilson v. County of Napa, __ Cal.App.5th __ (2016) (Case No. A149153), the Court of Appeal for the First Appellate District affirmed a trial court decision in favor...more
The question of who should pay the cost of municipal services for new residential development is a vexing question. The answer is critically important to the developers and homebuilders who must finance and market their...more
Developing real property in California is notoriously difficult. Given minimal standing requirements, project opponents can and do tie up and delay new development for the mere cost of a filing fee. In order to prevail in...more
There is no question in California land use law that development projects need not comply with every goal or policy in a community’s general plan. While a city’s or county’s land use decisions must be consistent with the...more
On June 23, 2016, in Stewart Enterprises, Inc. v. City of Oakland, __ Cal.App.4th __ (2016) (Case No. A143417), the Court of Appeal for the First Appellate District issued an important decision dealing with whether a new...more
The California Building Industry Association obtained a critical temporary restraining order against the State Allocation Board in connection with the Board’s 6-4 vote on May 25, 2016 finding, for the first time, that state...more
The federal Fair Housing Act is one of the most important pieces of Congressional legislation in the last half-century or more. It was enacted in the 1960s after the assassination of Dr. Martin Luther King, Jr., at a time of...more