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City “Apartment Rent Ordinance” Survives Constitutional Challenge by Landlords

In a concise December 7, 2020 opinion, Hotop v. City of San Jose, __ F.3d __ (2020) (Case No. 18-16995), a 3-0 panel of the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of an action alleging that...more

Supreme Court Decides to Hear Important Property Rights Case Addressing Whether Time-Limited Easements Are a Physical Taking Under...

On November 13, 2020, the U.S. Supreme Court issued an order granting certiorari in Cedar Point Nursery v. Hassid. The question presented in the successful cert petition is “whether the uncompensated appropriation of an...more

School District Not Required to Evaluate Impact of Private University Housing Project Before Imposing Impact Fees

On November 5, 2020, in AMCAL Chico LLC v. Chico Unified School District, __ Cal.App.5th __ (2020) (Case No. C087700), a case involving the Chico Unified School District’s imposition of school impact fees on a dormitory...more

Ninth Circuit to Supreme Court: Pound Sand

The Ninth Circuit Court of Appeals, which has federal appellate jurisdiction over a major portion of the western U.S., has something of a reputation as the most overturned federal appeals court circuit.  While the truth of...more

Amy Coney Barrett and Property Rights

Judge Amy Coney Barrett was nominated, for a reason, to replace the late Justice Ruth Bader Ginsburg as an Associate U.S. Supreme Court Justice. As other commenters have noted, a Justice Barrett is expected to move the Court...more

Completion of Development Project Rendered Opponent’s Challenge to County’s Issuance of a Building Permit Moot

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

Court Holds That County’s Abandonment of Public Road Easement Rights Did Not Violate Brown Act, Was Supported by Substantial...

On August 17, 2020, in Martis Camp Community Association v. County of Placer, __ Cal.App.5th __ (2020) (Case Nos. C087759 and C087778), the Third District Court of Appeal addressed several novel legal claims arising from the...more

Court Holds That Dispensary’s Violation of County Marijuana Cultivation Ordinance Does Not Justify Seizure of Plants But Rejects...

On August 5, 2020, in Granny Purps, Inc. v. County of Santa Cruz, __ Cal.App.5th __ (2020) (Case No. H045387), the Sixth District Court of Appeal addressed several novel property rights issues related to a law enforcement...more

Court Holds That Subdivider’s Challenge to County’s Interpretation of Vesting Tentative Map Conditions of Approval May be Filed...

California’s statues of limitations in land use cases are notoriously short and harsh and don’t often result in outcomes favorable to aggrieved applicants. Exceptions such as Honchariw v. County of Stanislaus, __ Cal.App.5th...more

Court Rules in Favor of Landowner in Eminent Domain Case Where City Did Not Use Condemned Property for its Intended Public Use...

Every once in a while a case comes along that calls to mind the adage that “just because you can think it doesn’t mean you should say it.” The Second District Court of Appeal’s July 30, 2020 eminent domain decision in...more

Development Agreement Allowed City to Impose New Fees on Housing Project Despite Previously Approved Vesting Tentative Map

In a new case published on June 8, 2020, North Murrieta Community, LLC v. City of Murrieta, __ Cal.App.5th __ (2020) (Case No. E072663), the Fourth District Court of Appeal addressed novel vested rights issues arising under...more

Court Invalidates City’s Denial of Conditional Use Permit Because Councilmember’s Pre-Hearing Actions Demonstrated Bias

In an important new case certified for publication on May 8, 2020, Petrovich Development Company, LLC v. City of Sacramento, __ Cal.App.5th __ (2020) (Case No. C087283), the Third District Court of Appeal addressed the...more

6/2/2020  /  Conditional Use Permit , Ethics

New Bay Area Shelter-in-Place Orders Ease Rules, Allow All Construction to Resume Operations

Construction projects of every type in six Bay area counties—Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara—may resume operations on Monday, May 4, after health officers in six counties issued new...more

Alameda County Public Health Department Pulls Rank on Oakland, Highlights Arbitrary Treatment of Construction Under...

On April 14, 2020, the Alameda County Public Health Department issued a letter to the Oakland Planning & Building Department criticizing the City’s interpretation of the County’s March 31 “shelter-in-place” order. ...more

San Francisco Asserts Sweeping Power “To Take Any Measure Necessary” to Prevent Spread of COVID-19

Without a single mention of the U.S. or California constitutions, the San Francisco city attorney’s office issued an April 13, 2020 memo declaring that the City may “take any measure necessary to prevent the spread of an...more

California Cities Seek Relief From Project Processing, Public Records Act, and Other Key Statutory Timelines During State of...

Seeking to piggyback on the State of Emergency Governor Gavin Newsom declared on March 4, 2020 as part of the state’s response to address the global COVID-19 pandemic, California cities filed a letter with the Governor asking...more

Court Rejects Coastal Act Preemption Challenge to San Diego’s Approval of Conditional Use Permit for Transitional Housing Facility

On February 18, 2020, in Citizens for South Bay Coastal Access v. City of San Diego, __ Cal.App.5th __ (2020) (Case No. D075387), the Fourth District Court of Appeal rejected a project opposition group’s challenge, under the...more

Rough Justice: 4-1 Supermajority Vote of City Council Not Enough to Grant Appeal of Planning Commission’s Denial of Conditional...

It is usually easy to understand when a local legislative body approves a given motion. Indeed, a simply majority vote is all that is required for a motion to pass in most communities. ...more

Court Holds That City Violated Ralph M. Brown Act by Discussing Threatened Litigation Over Development Project in Closed Sessions,...

On February 10, 2020, in Fowler v. City of Lafayette, __ Cal.App.5th __ (2020), the First District Court of Appeal affirmed a trial court decision challenging the City of Lafayette’s approval of a tennis cabana on a...more

Ninth Circuit Rejects “Equal Terms” RLUIPA Challenge to Riverside Zoning Ordinance

The Religious Land Use and Institutionalized Persons Act of 2000, known as “RLUIPA,” is a federal civil rights law that protects individuals and religious assemblies and institutions from discriminatory and unduly burdensome...more

Establishing Vested Rights Through SB 330’s Preliminary Application: Understanding the Key Differences Between “Deemed Complete”...

Senate Bill 330, referred to as the Housing Crisis Act of 2019, contains two major parts intended to accelerate housing production over the next five years by streamlining permitting and ensuring no net loss in housing...more

Court Rejects Facial General Plan Consistency Challenge Based on Single Sentence in Sacramento’s 2035 General Plan

In a recent opinion certified for publication on December 18, 2019, Citizens for Positive Growth & Preservation v. City of Sacramento, __ Cal.App.5th __ (2019), the Third District Court of Appeal rejected a citizens group’s...more

Judicial NIMBYism? Overreaching San Mateo Trial Court Decision Takes on Legislature and Governor, Declaring Nearly 40-Year Old...

California cities may be justified to be skeptical when officials from Sacramento offer broad solutions to the state’s pernicious housing crisis. ...more

Court Orders City to Cure Internal Inconsistency in Richmond General Plan Created by Citizen-Sponsored Ballot Initiative

In a case of first impression published on October 25, 2019, Denham, LLC v. City of Richmond, Cal.App.5th __ (2019) (Case No. A154759), the First District Court of Appeal agreed with a trial court that a ballot initiative...more

Takings Challenge to Coastal Commission Setback Condition Fails for Not Presenting “Exact Issue” to the Agency

The California Coastal Act governs land use planning for California’s entire coastal zone, directing the state Coastal Commission to maximize the public access to and along the coast consistent with the rights of property...more

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