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Reversal City Councils

Perkins Coie

Project Denial Invalidated Where Councilmember’s Actions Crossed the Line Into Advocacy Against the Project

Perkins Coie on

The Court of Appeal held that where a city councilmember’s actions evinced bias toward the project, the applicant did not receive a fair hearing and the City Council’s denial of a conditional use permit would be set aside....more

Patton Sullivan Brodehl LLP

Appointment of a Nuisance Abatement Receiver: No “Financially Viable” Plan for Rehabilitation Needed

Under California law, receivers can be appointed for many purposes. Sometimes a “general equity” receiver is appointed to take control of a business entity and its assets where the decision-makers are deadlocked in...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lozman v. City of Riviera Beach, Florida

On June 18, 2018, the Supreme Court decided Lozman v. City of Riviera Beach, No. 17-21, holding in a 8-1 decision that the petitioner need not prove the absence of probable cause to maintain a § 1983 claim of retaliatory...more

Robinson+Cole RLUIPA Defense

Floating Home Owner Scores Second Supreme Court Victory Against Riviera Beach, FL

Yesterday, the Supreme Court issued an important decision in Lozman v. City of Riviera Beach, Florida, 585 U.S. ___ (2018). The case does not involve land use or even free exercise of religion. ...more

Downey Brand LLP

Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND

Downey Brand LLP on

CEQA decisions usually arise in the context of a challenge to a lead agency’s approval of a project and a related CEQA document. However, in a recent decision, Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034...more

Best Best & Krieger LLP

Court Clarifies the Cease & Desist Requirement Prior to Initiating Brown Act Litigation

City’s Loss Illustrates Risks of Litigating Open Meeting Law Violation Claims - In 2012 the California Legislature amended the judicial remedies aspect of the Brown Act “Opening Meetings” Law. That amendment added...more

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