As Holland & Knight has previously reported, California courts have consistently enforced state housing laws that preempt land use and planning decisions by local governments. (See previous Holland & Knight alerts, "Court of...more
6/22/2021
/ Ballot Measures ,
Constitutional Amendment ,
General Plan ,
Housing Developers ,
Housing Market ,
Land Use Restrictions ,
Local Ordinance ,
Moratorium ,
Preemption ,
Proposed Legislation ,
Referendums ,
State and Local Government ,
State Constitutions ,
Urban Planning & Development ,
Zoning Laws
The California Court of Appeal, Fourth Appellate District, issued a published decision (North Murrieta Community, LLC v. City of Murrieta, Case No. E072663) on June 8, 2020, that addressed how inconsistencies can arise...more
• 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
9/10/2018
/ Appeals ,
Ballots ,
CA Supreme Court ,
CEQA ,
Development Agreements ,
General Plan ,
Local Ordinance ,
Municipalities ,
Preemption ,
Property Owners ,
Referendums ,
Remand ,
Reversal ,
State and Local Government ,
Vacated ,
Zoning Laws
The U.S. Supreme Court on Oct. 30, 2017, denied a petition for certiorari filed by the developers of an 11-unit residential condominium project in the City of West Hollywood seeking to challenge the application by the City of...more
11/1/2017
/ Affordable Housing ,
Appeals ,
Building Permits ,
CA Supreme Court ,
Condominiums ,
Constitutional Challenges ,
Construction Industry ,
In-Lieu Fees ,
Inclusionary Housing Ordinance ,
Local Ordinance ,
Petition for Review ,
Petition for Writ of Certiorari ,
Real Estate Development ,
Residential Real Estate Market ,
SCOTUS ,
Standard of Review
As of January 1, 2014, commercial common interest developments (CIDs) in California are governed by the new Commercial and Industrial Common Interest Development Act.
The New Act establishes provisions specific to...more