News & Analysis as of

Entitlements Appeals

King & Spalding

Landmark Holiday Pay Ruling

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Last week, the UK Supreme Court issued a significant holiday pay decision, Harpur Trust v Brazel, ruling that part-year workers (who only work certain weeks of the year) should not have their paid holiday entitlement...more

Sheppard Mullin Richter & Hampton LLP

Petitioners Failed to Show Subdivision Consistent With a Specific Plan EIR Was Outside the Scope of a Statutory Exemption

In Citizens’ Committee to Complete the Refuge et al. v. City of Newark et al., the First District Court of Appeal (Div. 4) found the California Environmental Quality Act did not require subsequent or supplemental...more

Sheppard Mullin Richter & Hampton LLP

Mandate to Provide Traffic Improvements Prior to Project Approval Struck Down

In Alliance for Responsible Planning v. Taylor, the Third District Court of Appeal recently struck down a voter initiative requiring a developer to fund all cumulative traffic mitigation as a condition precedent to project...more

Perkins Coie

Unsubstantiated or Speculative Expert Opinion Is Not Substantial Evidence of a Significant Environmental Impact

Perkins Coie on

Unsubstantiated opinions from purported experts are not enough to require preparation of an EIR, the court of appeal recently held in Maacama Watershed Alliance v. County of Sonoma, 40 Cal. App. 5th 1007 (2019), a case in...more

Hogan Lovells

Patent Litigation: Dutch Court of Appeal guidance on formal entitlement to priority

Hogan Lovells on

On 30 July, the Court of Appeal of The Hague ruled on the formal entitlement to priority following from a US provisional patent application. The attack on priority in this case is part of a recent trend by parties in patent...more

Perkins Coie

Homeowners Association Land Use Approval Process Is Protected Activity Under Anti-SLAPP Statute

Perkins Coie on

The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free...more

Perkins Coie

City’s Bifurcated Procedure For Appealing Approval of Entitlements Separately From CEQA Determinations Upheld

Perkins Coie on

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

Downey Brand LLP

Executor Can Swing Away at an Omitted Spouse Petition

Downey Brand LLP on

Born in Fresno, Kirk Kerkorian was an Armenian-American who went on to become a wealthy businessman and philanthropist, known for his role in shaping development in Las Vegas. After Kerkorian died in June 2015 at the age of...more

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