News & Analysis as of

Appeals Local Ordinance

Sheppard Mullin Richter & Hampton LLP

Supreme Court Weighs Whether to Clarify Camping Bans and Homelessness Policies

Local ordinances prohibiting camping or sleeping outdoors have created widespread controversy. Affected cities and states contend that the two Ninth Circuit rulings on the issue are confusing and preclude them from...more

Cozen O'Connor

Policy Alert: Bill Would Provide Legal Protection for RCOs to Sue Developers

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Last week, legislation was introduced in Philadelphia City Council that, if passed, would secure Registered Community Organizations (RCOs) legal protection from the city for their involvement in zoning matters. The bill was...more

Meyers Nave

Meyers Nave Secures Victory for City of Oakland as Court of Appeal Upholds EIR for A’s Baseball Stadium Project

Meyers Nave on

In a lengthy published decision, the Court of Appeal upheld the City of Oakland’s environmental impact report (EIR) for the proposed Oakland A’s MLB stadium and mixed use project, rejecting numerous challenges and affirming...more

Best Best & Krieger LLP

Costa Mesa Sent Back to District Court to Defend Group-Home Ordinance

Appellate court comment hints at improper motivation for regulation - The Ninth Circuit recently sent Costa Mesa back to the trial court to continue litigating two challenges to its group-home ordinance. The issue on...more

Perkins Coie

Athletic Field Lighting Project Not Categorically Exempt from CEQA

Perkins Coie on

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

Beveridge & Diamond PC

Land Court Lacks Jurisdiction over Administrative Licensing Related to Zoning Appeal

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In Bask, Inc. v. Municipal Council of Taunton, 490 Mass. 312 (2022), the Massachusetts Supreme Judicial Court (SJC) addresses the limits of the equitable authority of the Massachusetts Land Court to “make such other decree as...more

Perkins Coie

City of Davis Did Not Err in Finding Mixed-Use Project Consistent With General Plan

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The court of appeal held that the City’s determination that a mixed-use development project was consistent with applicable general plans policies and standards was supported by substantial evidence. Old East Davis...more

Perkins Coie

California River Watch v. Vacaville: “A Better Considered Position” Under RCRA

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit, on July 1, 2022, took the extraordinary step of reversing its prior decision in California River Watch v. City of Vacaville. The Ninth Circuit ruled that “transportation” under...more

Perkins Coie

Responsible Agency Under CEQA Must Make Express Findings as to Each Potentially Significant Impact Identified in Lead Agency’s EIR

Perkins Coie on

The Court of Appeal held that the City of Mount Shasta violated CEQA by approving a wastewater permit for a water bottling plant without making specific findings as to each potentially significant impact identified as...more

Perkins Coie

Ban on Short-Term Rentals Required Coastal Commission Approval

Perkins Coie on

The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that...more

Perkins Coie

Action Challenging Restrictions on Short-Term Vacation Rentals Was Barred by 90-Day Statute of Limitations

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The Court of Appeal held that an action to set aside an ordinance restricting short-term vacation rentals on the ground of failure to obtain a Coastal Development Permit (CDP) was barred by the 90-day statute of limitations...more

Snell & Wilmer

The Ninth Circuit Court of Appeals Affirms the Constitutionality of Local Ordinance Requiring Landlords to Pay a Tenant Relocation...

Snell & Wilmer on

On February 1, 2022, the Ninth Circuit released its opinion in Ballinger v. City of Oakland 1 affirming the district court’s dismissal of a lawsuit in which the plaintiffs claimed that the City of Oakland’s Uniform...more

Farrell Fritz, P.C.

Court of Appeals Affirms Appellate Division Decision Invalidating Town's Discharge Ordinance

Farrell Fritz, P.C. on

In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of Smithtown that the Town may not regulate discharge setbacks for bow and arrow in a manner inconsistent with...more

Perkins Coie

Board of Supervisors Decision on CUP Invalid for Failure to Act Within Time Limits Set by County Code

Perkins Coie on

The Second District Court of Appeal held that a Board of Supervisors decision on the appeal of a conditional use permit from the Planning Commission was untimely under the County Code and hence that the Planning Commission’s...more

Perkins Coie

State Density Bonus Law Does Not Require Applicants to Demonstrate Economic Feasibility of Project When Requesting Incentives

Perkins Coie on

A Court of Appeal held that the state’s density bonus law (Gov’t Code § 65915) does not require applicants to submit financial information to support requests for incentives or waivers and preempted a city ordinance that...more

Perkins Coie

CEQA Existing Facilities Exemption Inapplicable to Unlined Landfills and Exhaustion of Administrative Remedies not Required Where...

Perkins Coie on

A California Court of Appeal held that CEQA’s issue exhaustion requirement did not preclude a challenge to Inyo County’s exemption determinations for condemnation proceedings and expanded operation of unlined landfills...more

Sheppard Mullin Richter & Hampton LLP

Association of Bay Area Governments Formally Denies Nearly All Regional Housing Needs Allocation Appeals

On Friday, November 12, 2021, the Association of Bay Area Government’s (“ABAG’s) Administrative Committee formally denied 27 out of 28 appeals of draft housing allocations filed by local jurisdictions within the Bay Area...more

Holland & Knight LLP

Los Angeles Eviction Moratorium Upheld by Ninth Circuit; Uncertainty Continues

Holland & Knight LLP on

A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit on Aug. 25, 2021, upheld the City of Los Angeles' current residential eviction moratorium – first enacted by the City Council in 2020 as an emergency...more

Perkins Coie

Water District Rate Increases Violated Proposition 218

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A court of appeal invalidated a water district’s adopted rate increases, concluding that the district failed to meet its burden under Proposition 218 of establishing that the increases did not exceed the cost of providing the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Court Upholds San Antonio’s Sick and Safe Leave Ordinance Injunction

On March 10, 2021, the Texas Fourth Court of Appeals affirmed the District Court of Bexar County’s entry of a temporary injunction preventing the City of San Antonio’s sick and safe leave ordinance from taking effect. The...more

Perkins Coie

Agreement to Indemnify LAFCO Against Claims Arising from Annexation Decision Was Unenforceable as Lacking Consideration

Perkins Coie on

The Court of Appeal held that an agreement obligating a developer and city to indemnify LAFCO against claims arising from its annexation decision lacked consideration because the agreement simply required LAFCO to do what it...more

Holland & Knight LLP

Is It Legal to Require Indemnification on Project Application or as Condition of Approval?

Holland & Knight LLP on

Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant...more

Perkins Coie

Court of Appeal Upholds Water Boards’ Analysis of Economic Considerations Regarding Los Angeles County MS4 Permit

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A regional water board is not required to estimate the compliance costs for individual permittees before issuing a permit. City of Duarte v. State Water Resources Control Board, 60 Cal. App. 5th 258 (2021)...more

Perkins Coie

Regional Water Quality Control Board Unlawfully Delegated Authority to Modify Effluent Limits Under Discharge Permit

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A California Court of Appeal invalidated a wastewater discharge permit issued by the Central Valley Regional Water Quality Control Board that the court found impermissibly delegated to the Board’s executive officer the...more

Butler Snow LLP

Age is Just a Number: Tennessee Court of Appeals Highlights the Importance of Keeping Age Out of the Termination Equation

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The Tennessee Human Rights Act prohibits covered employers from discriminating against employees forty years old or older because of their age. In a recent case, the Tennessee Court of Appeals provided a reminder that other...more

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