The court of appeal held that the City of Alameda’s development fee for parks and recreation was invalid and unenforceable because there was no reasonable relationship between the fee charged and the burden from new...more
The court of appeal held that an urgency ordinance enacted to impose a temporary moratorium on the establishment and operation of new charter schools in Huntington Park was invalid. California Charter Schools Association v....more
The Supreme Court of California has granted review of two cases to resolve a split among courts of appeal over whether the issuance of well permits pursuant to state standards is subject to CEQA. California Water Impact...more
1/10/2019
/ Appeals ,
CA Supreme Court ,
CEQA ,
Construction Permits ,
Department of Water Resources ,
Environmental Review ,
Groundwater ,
Municipalities ,
State and Local Government ,
Sustainable Groundwater Management Act (SGMA) ,
Utilities Sector ,
Water ,
Well Drilling
The California Supreme Court has resolved a split among the courts of appeal, concluding that citizens may bring a referendum to challenge a zoning ordinance even if the referendum would temporarily leave in place zoning...more
The Sixth District Court of Appeal has held that a medical marijuana collective is not a “medical office” as defined in San Jose’s Municipal Code. J. Arthur Properties, II, LLC v. City of San Jose, 21 Cal. App. 5th 480...more
A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov’t Code Section 65860, according to...more
4/6/2018
/ Appeals ,
CA Supreme Court ,
General Plan ,
Land Developers ,
Local Ordinance ,
Municipalities ,
Referendums ,
Residential Property Owners ,
Residential Real Estate Market ,
Split of Authority ,
Zoning Laws
The Fourth District Court of Appeal upheld a mitigated negative declaration where the project opponent correctly appealed the approval of entitlements but failed to properly appeal the CEQA determination under the City of San...more
4/3/2018
/ Administrative Remedies ,
Appeals ,
Bifurcation ,
CEQA ,
City Councils ,
City Planning Departments ,
County Planning Commissions ,
Entitlements ,
Environmental Impact Report (EIR) ,
Land Developers ,
Mitigated Negative Declaration ,
Private Schools
The Sixth District Court of Appeal held that a trial court in a mandamus action had the inherent power to remand to the Board of Supervisors for clarification regarding an ambiguous general plan consistency finding. The...more
In Defenders of Wildlife v. Zinke, the U.S. Court of Appeals for the Ninth Circuit upheld the Biological Opinion prepared by the U.S. Fish & Wildlife Service to assess the impacts on the threatened desert tortoise from the...more
On November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s...more
12/2/2016
/ Administrative Procedure Act ,
Anti-Retaliation Provisions ,
Arbitrary and Capricious ,
Drug Testing ,
Electronic Reporting ,
Employer Liability Issues ,
Executive Compensation ,
Final Rules ,
Incentives ,
OSHA ,
Posting Requirements ,
Preliminary Injunctions ,
Recordkeeping Requirements ,
Reporting Requirements ,
Section 11 ,
Workplace Injury ,
Workplace Safety