News & Analysis as of

Urban Planning & Development Statute of Limitations

Miller Starr Regalia

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

Miller Starr Regalia on

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

Akerman LLP on

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

Manatt, Phelps & Phillips, LLP

Amended Court Rule Provides Certainty for CEQA Statutes of Limitations

On April 6, 2020, the Judicial Council of California (Council) adopted a court rule that tolled statutes of limitations for all civil causes of action until 90 days after the Governor declares that the state of emergency is...more

Downey Brand LLP

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

Downey Brand LLP on

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)

Pierce Atwood LLP on

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

Perkins Coie

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

Perkins Coie on

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

Miller Starr Regalia on

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

Perkins Coie on

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

Miller Starr Regalia on

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

Holland & Knight LLP on

• 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

Burr & Forman

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

Burr & Forman on

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

Sherman & Howard L.L.C.

Sherman & Howard Public Finance Advisory: UMB Bank, N.A. v. Landmark Towers Association

Sherman & Howard L.L.C. on

On Monday, December 11, 2017, the Colorado Supreme Court issued an important decision with respect to the election process that is necessary for much of Colorado public finance. The case arises out of an election held...more

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