News & Analysis as of

Urban Planning & Development Statute of Limitations

Downey Brand LLP

Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval

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In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had...more

Downey Brand LLP

CEQA Causes of Action Based on the Subdivision Map Act May be Subject to the Subdivision Map Act’s Statute of Limitations

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On October 21st, the Second District Court of Appeal published a decision in Santa Clarita Organization etc. v. County of Los Angeles (2024) 105 Cal.App.5th 1143 that addresses the question of whether a CEQA challenge to an...more

Miller Starr Regalia

In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map...

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In a published opinion filed October 21, 2024, the Second District Court of Appeal (Div. 7) reversed a judgment entered after the trial court granted without leave a real party developer’s motion for judgment on the...more

Miller Starr Regalia

Timing Remains Everything: Sixth District Holds CEQA Notice of Determination Filed Before County’s Final Project Approval Decision...

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The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County of San Benito, et al. (2024) __ Cal.App.5th __.  The...more

Akerman LLP

Challenge to Gowanus Neighborhood Rezoning Dismissed

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In a decision and order issued June 27, 2022, Justice Consuelo Mallafre Menendez of the New York State Supreme Court, Kings County, dismissed the challenge to the Gowanus Neighborhood Rezoning filed by the Voice of Gowanus...more

Farrell Fritz, P.C.

“Know thy enemy”: The Importance of Identifying Proper Defendants in Land Use Litigation

Farrell Fritz, P.C. on

When commencing an action or proceeding challenging a land use approval, it is critical that the plaintiff/petitioner identify all parties having an interest in both the approval itself and the real property to which it...more

Downey Brand LLP

COVID-19 Alert: Judicial Council Amends Emergency Rule 9 for CEQA and Planning Cases

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On May 29, 2020, the Judicial Council of California issued a Circulating Order to amend its earlier-issued Emergency Rule 9 in order to shorten the time for tolling statutes of limitations for all civil causes and provide a...more

Allen Matkins

Judicial Council Amends Prior Emergency Rule to Adjust Land Use Litigation Deadlines

Allen Matkins on

On May 29, 2020, the California Judicial Council amended its Emergency Rule 9 to provide fixed dates for the tolling of statutes of limitations and repose for civil actions. The prior version of Emergency Rule 9 had tied such...more

Pierce Atwood LLP

Real Estate Development in the Time of Coronavirus: Massachusetts (UPDATED)

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Supreme Judicial Court Issues Order Signaling End of Deadline and Statute of Limitations Extensions - On May 26, 2020, the Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials and limiting...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

Farrell Fritz, P.C. on

Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Farrell Fritz, P.C.

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

Farrell Fritz, P.C. on

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 4, Issue 2

Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your...more

Allen Matkins

90-Day Statute of Limitations Applies to Final Planning and Zoning Decisions by Non-Legislative Bodies and Public Officials

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Planning and zoning decisions by a non-legislative body or public official authorized under a municipal code are subject to the 90-day statute of limitations of Government Code section 65009(c)(1), the court of appeal ruled...more

Miller Starr Regalia

Spring CEQA Notes – May 2019

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Save Lafayette Trees Litigation Update:  The Beat Goes On - We last posted on this decision (currently published as Save Lafayette Trees v. City of Lafayette (Pacific Gas and Electric Company, Real Party in Interest) (1st...more

Perkins Coie

Court Upholds Los Angeles’s Venice Sign-Off Procedure Against Due Process and Coastal Act Challenges

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An appellate court held that the City of Los Angeles’s procedure for approval or denial of development projects in Venice did not violate residents’ due process rights because the procedure was ministerial. Coalition to...more

Perkins Coie

CEQA Year In Review 2018

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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

Miller Starr Regalia

2018 CEQA Fall Update: Recent Legislative, Judicial, And Other Developments

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A few recent developments and upcoming events in the CEQA world bear quick mention: The BART Housing Bill: Under AB 2923, BART now has limited land use regulation authority on its own lands near its stations....more

Holland & Knight LLP

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

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• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Buchalter

Disney Dad Reports About New Limitations Period for Construction Claims in Florida

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While having nothing to do with Disney nor being a dad, there is a new law in Florida that went into effect on July 1, 2017 that governs the limitations period for actions other than to recover real property. ...more

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