News & Analysis as of

General Plan Appeals California Environmental Quality Act

Downey Brand LLP

Third District Finds County General Plan Requirements for Mitigating Traffic Impacts Present an Unconstitutional Exaction

Downey Brand LLP on

In an opinion filed on April 19, and certified for publication on May 4, 2021, the Third Appellate District in Alliance for Responsible Planning v. Taylor (County of El Dorado) held that a citizen-sponsored ballot measure...more

Miller Starr Regalia

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

Miller Starr Regalia on

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

Perkins Coie

Court of Appeal Holds CEQA Review Is Not Required for Project That Is Only Subject to Design Review

Perkins Coie on

The court of appeal held that the City of St. Helena did not violate CEQA by approving a demolition permit and design review for a multi-family residential project without preparing an environmental impact report. McCorkle...more

Downey Brand LLP

Court of Appeal Finds No Discretionary Action in St. Helena Multi-family Dwelling Development

Downey Brand LLP on

On December 18, 2018, the First Appellate District, in McCorkle v. St. Helena (A153238), affirmed the trial court’s denial of a Petition for Writ of Mandate challenging the City of St. Helena’s approval of a multi-dwelling...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Perkins Coie

CEQA Year In Review 2018

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Perkins Coie

Court of Appeal Holds that Petition Challenging Wal-Mart Project is Barred by Earlier Lawsuit Raising the Same Issues

Perkins Coie on

The court of appeal held that the plaintiff’s challenge to the City of Rohnert Park’s reapproval of a Wal-Mart grocery store was barred by the doctrine of res judicata because a prior proceeding had raised the same issues. ...more

Perkins Coie

Determinations Regarding Compatibility of Residential Uses with Timberland Production are Ministerial and Hence Exempt from CEQA...

Perkins Coie on

The Third District Court of Appeal rejected a CEQA challenge to a county’s general plan update, holding that a county’s California Timberland Productivity Act finding that a residence or structure is necessary for timberland...more

Miller Starr Regalia

CEQA Plaintiff’s Failure To Appeal Incorrectly Labeled “Interlocutory” Decision Granting Peremptory Writ Barred Appellate Review...

Miller Starr Regalia on

“What’s in a name? That which we call a rose by any other name would smell as sweet;” – William Shakespeare, Romeo and Juliet, Act II, Scene II, ll. 47-48. In a partially published 40-page opinion filed on November 26,...more

Miller Starr Regalia

Third District Holds Plumas County General Plan Update EIR Complies With CEQA And Update’s Compatible Use Determinations Do Not...

Miller Starr Regalia on

In an opinion filed October 19, and later ordered published on November 15, 2018, the Third District Court of Appeal affirmed a judgment upholding Plumas County’s First comprehensive update of its 1984 general plan, and...more

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

Holland & Knight LLP on

• 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

Downey Brand LLP

Fifth Appellate District Upholds City of Visalia’s General Plan Update Against Challenge to Square Footage Restrictions in...

Downey Brand LLP on

On January 30, 2018, the Fifth Appellate District certified for publication its earlier opinion in Visalia Retail, LP v. City of Visalia, upholding the City of Visalia’s (“City”) 2014 General Plan Update. Plaintiff and...more

Miller Starr Regalia

Sixth District Holds Project’s Consistency with General Plan Is Not a CEQA Issue, Upholds Trial Court’s Interlocutory Remand for...

Miller Starr Regalia on

In an opinion originally filed on July 31, and belatedly ordered partially published on August 24, 2017, the Sixth District Court of Appeal affirmed the trial court’s judgment denying a writ petition brought by a citizens...more

Holland & Knight LLP

Appellate Court Rejected EIR That Found Insignificant Traffic Impacts, Despite Consistency With Infill-Promoting General Plan...

Holland & Knight LLP on

The Court of Appeal of the State of California, Third Appellate District, overturned an Environmental Impact Report (EIR) prepared under the California Environmental Quality Act (CEQA). The appellate court rejected the EIR's...more

Miller Starr Regalia

Sacramento Residential Infill Project EIR Violated CEQA By Basing Less-Than-Significant Traffic Impact Finding Solely On...

Miller Starr Regalia on

On November 7, 2016, the Third District Court of Appeal filed a published opinion mostly upholding the EIR for a 48.75-acre, 328-unit residential infill project (known as McKinley Village) against various CEQA challenges, and...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

Miller Starr Regalia

Fourth District Holds Losing CEQA Plaintiff’s Mooted Appeal Was Not “Catalyst” To City’s Revocation Of Project Entitlements After...

Miller Starr Regalia on

In an opinion filed June 8, and ordered published on July 6, 2015, the Fourth Appellate District Court of Appeal affirmed the trial court’s judgment denying a CEQA plaintiff’s motion for attorneys’ fees under CCP § 1021.5,...more

Miller Starr Regalia

Fourth District Holds CEQA Does Not Require City To Predict ESHA Determinations In Approving Project Over Which Coastal Commission...

Miller Starr Regalia on

In a published opinion filed May 20, 2015, the Fourth District Court of Appeal reversed the trial court’s judgment granting mandate relief based on a general plan violation, affirmed its denial of relief under CEQA, and...more

Snell & Wilmer

CEQA Lawsuit to Enforce Climate Change Mitigation Measure Prevails

Snell & Wilmer on

On October 29, 2014 the California Court of Appeal affirmed a trial court’s judgment enforcing a mitigation measure adopted by a county in its program environmental impact report (PEIR). As of the date of this blog post,...more

Miller Starr Regalia

Estopping the “Revolving Door” CEQA/Land Use Plaintiff: Roberson v. City of Rialto Holds Different Plaintiffs Litigating To...

Miller Starr Regalia on

In a decision ordered published on June 17, 2014, nearly a month after it was originally filed, the Fourth District Court of Appeal addressed a key element of the related doctrines of res judicata and collateral estoppel –...more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide