SAVE THE DATE - Abbott & Kindermann's 2nd Annual Update on Easement Law and Boundary Disputes

Glen C. Hansen of Abbott & Kindermann, LLP, will present the 2nd annual update on recent developments in resolving easement and boundary disputes in California. This is an advanced class aimed primarily at land surveyors, civil engineers, attorneys, and property owners. This intense, three-hour class examines recent case law about:

  • Creating and Terminating Easements
  • Accommodating Neighbors vs. Creating Prescriptive Easements
  • Determining the Scope of an Easement
  • Interfering with Easement Rights
  • Locating and Maintaining Boundary Dividers
  • Using Historical Evidence in Boundary Disputes
  • Resolving Conflicting Surveys

MCLE and American Planning Association continuing education credits offered, pending approval.

MCLE 3.0       CM 3.0

Glen C. Hansen is Senior Counsel at Abbott & Kindermann, LLP, and a long-time practitioner in real estate and land use law.

Cost $85.00 

Locations and Times

Fairfield – August 14, 2015, 8:00 a.m.-11:45 a.m. (To Register for the Fairfield Location Click Here)

Hilton Garden Inn – Fairfield, 2200 Gateway Court, Fairfield, CA 94533

Roseville – October 23, 2015, 8:00 a.m.-11:45 a.m.  (To Register for the Roseville Location Click Here)

Holiday Inn Express – Roseville, 1398 East Roseville Parkway, Roseville, CA 95661

Registration:   8:00 a.m.

Class:              8:30 a.m. – 11:45 a.m.

Break:             10:00 a.m. – 10:15 a.m.

 

Buyer Beware: Project Conditions Of Approval Run With The Land

By William W. Abbott

City of Berkeley v. 1080 Delaware, LLC (2015) 234 Cal.App.4th 1144.

As the real estate market gathers steam post-recession, many development projects involve project approvals obtained during the height of the real estate market. At the time, the sky was the limit and development economics was cast aide well before a project application was even filed. Current developers frequently want to know: Can the conditions of approval of dubious legality now be challenged? As a recent appellate decision illustrates, the time to challenge the condition may have long since passed.

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SAVE THE DATE - Abbott & Kindermann's 2nd Annual Update on Easement Law and Boundary Disputes

Glen C. Hansen of Abbott & Kindermann, LLP, will present the 2nd annual update on recent developments in resolving easement and boundary disputes in California. This is an advanced class aimed primarily at land surveyors, civil engineers, attorneys, and property owners. This intense, three-hour class examines recent case law about:

  • Creating and Terminating Easements
  • Accommodating Neighbors vs. Creating Prescriptive Easements
  • Determining the Scope of an Easement
  • Interfering with Easement Rights
  • Locating and Maintaining Boundary Dividers
  • Using Historical Evidence in Boundary Disputes
  • Resolving Conflicting Surveys

MCLE and American Planning Association continuing education credits offered, pending approval.

MCLE 3.0       CM 3.0

Glen C. Hansen is Senior Counsel at Abbott & Kindermann, LLP, and a long-time practitioner in real estate and land use law.

Cost $85.00 

Locations and Times

Fairfield – August 14, 2015, 8:00 a.m.-11:45 a.m. (To Register for the Fairfield Location Click Here)

Hilton Garden Inn – Fairfield, 2200 Gateway Court, Fairfield, CA 94533

Roseville – October 23, 2015, 8:00 a.m.-11:45 a.m.  (To Register for the Roseville Location Click Here)

Holiday Inn Express – Roseville, 1398 East Roseville Parkway, Roseville, CA 95661

Registration:   8:00 a.m.

Class:              8:30 a.m. – 11:45 a.m.

Break:             10:00 a.m. – 10:15 a.m.

 

 

Local Zoning Laws Prevent an Eldercare Facility from Proceeding with Plans for Development

By Brian Russell

Walnut Acres Neighborhood Assn. v. City of Los Angeles (2015) 235 Cal.App.4th 1303

The owners of the property and the developer Community MultiHousing, Inc. sought a permit under Los Angeles City code section 14.3.1 to build an eldercare facility at 6221 North Fallbrook Avenue in Woodland Hills. Section 14.3.1’s purpose is to “provide development standards for Alzheimer’s/Dementia Care Housing, Assisted Living Care Housing, Senior Independent Housing and Skilled Nursing Care Housing, create a single process for approvals and facilitate the processing of application of Eldercare Facilities. These facilities provide much needed services and housing for the growing senior population of the City of Los Angeles.” (§ 14.3.1, subd. A.) The proposed eldercare facility exceeded the maximum allowable density and floor area of the residential zone. Zoning regulations limited a structure to 12,600 square feet, and the proposed facility would contain 50,289 square feet, including over 20,000 square feet devoted to common areas. The proposed facility would have 60 guest rooms and 76 guest beds. Application of the zoning regulations would have limited the site to 16 guest rooms. Pursuant to section 14.3.1, subdivision E, to approve an eldercare facility, the zoning administrator is required to make several findings. “The Zoning Administrator shall not grant the approval unless he or she finds that the strict application of the land use regulations on the subject property would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the zoning regulations.”

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Abbott & Kindermann, LLP Is Pleased To Announce That Diane G. Kindermann Will Be Speaking At The State Bar Of California Agribusiness Committee's Conference On Emerging Topics In Agricultural Law

For more information click here to view the Conference Brochure.

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"Happily ever after?" Not according to the neighbors of rural wedding site venue.

NEGATIVE DECLARATION FOR RURAL WEDDING SITE VENUE SET ASIDE DUE TO POTENTIAL ROAD AND NOISE IMPACTS

By William W. Abbott

Keep Our Mountains Quiet v. County of Santa Clara (May 7, 2015, H039707) ___ Cal.App.4th ___.

The “Fair Argument” standard remains as the operative benchmark in assessing the validity of a negative declaration. The most recent decision involves approval by Santa Clara County of a wedding site venue located off of Summit Road, a state maintained facility in rural Santa Clara County. Existing uses on the property included a winery, llama and alpaca grazing lands, barns and a residence. Adjacent properties include park land owned by an open space district (with restricted access) and homes. In a not uncommon fact pattern, the property owner began hosting wedding events, some of which had up to 300 guests. Following complaints and direction from the County, the applicant filed for a use permit seeking 28 special events for up to 100 guests and 12 staff, during the hours of 2:00 p.m. to 10:00 p.m. The County studied the project for three years before issuing a mitigated negative declaration (MND). After taking testimony, the Planning Commission approved a revised MND in December 2011. The neighbors appealed the Board of Supervisors who denied the appeal, affirming the MND and conditional use permit. Conditions of approval included the following limitations: only one outdoor live event (to be monitored) orientation of speakers away from existing homes towards the open space preserve with specific placement approved by the planning department based upon a review by a noise consultant. CEQA litigation followed. The trial court found that an EIR was required due to potential noise and traffic impacts, declining to rule on the alleged violations of planning and zoning law deeming them moot. The court also awarded the petitioner attorney fees of $145,747, but declined to enhance the award as requested by the petitioner. Petitioner and real party in interest both appealed. The County did not.

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Did the California Alcoholic Beverage Control Cede its Authority?

By Brian Russell

Nick v. Department of Alcoholic Beverage Control (2014) 233 Cal.App.4th 194.

This is a case of one convenience store owner attempting to prevent another convenience store, 7-Eleven, from selling beer and wine by using the powers of the Department of Alcoholic Beverage Control (ABC). The petitioners, Adam and Sherry Nick (Nick) claimed in its complaint that under the Alcoholic Beverage Control Act (Bus. and Prof Code, Section 23000 et seq. or the “Act”) it prohibits the ABC from issuing a license that would result in or add to an undue concentration of licenses unless the local governing body of the area where the applicant’s premises is located determines that issuing the license would serve a “public convenience or necessity.”

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California Courts Are Provided Broad Discretion When Awarding "Reasonable" Legal Fees Under CEQA

By: Brian Russell

Save Our Uniquely Rural Community Environment v. County of San Bernardino (March 18, 2015, E059524) ___Cal.App.4th ___.

Plaintiff and appellant Save Our Uniquely Rural Community Environment (SOURCE) appealed an award of attorney fees in a case arising under CEQA. It contended that the trial court abused its discretion when it awarded $19,176, despite SOURCE's request for $231,098.

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Statutory Prohibition Against Acquiring Public Recreation Easements By Prescription Does Not Apply Where The Easement Is Used By Private Persons To Access Their Own Property That They Use For Recreational Purposes

By Glen C. Hansen


In Pulido v. Pereira (2015) 234 Cal.App.4th 1246, the Court of Appeal for the Third Appellate District held that the prohibition for a public recreational easement on private property in Civil Code section 1009 did not preclude property owners from acquiring a prescriptive easement over a road on a neighbor’s property that they used to access their own land for private recreational purposes, where such owners were not engaging in any recreation on the neighbor's property or passing through it to access a public recreational area.

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Abbott & Kindermann Adds Noted Guest Editor To Blog Staff

[For Immediate Release] Abbott & Kindermann announced today that noted television commentator Jon Stewart is joining Abbott & Kindermann’s blog team as a guest editor. “We are very pleased to have Mr. Stewart bring his writing talents to our blog. Mr. Stewart has graciously agreed to undertake an advisory role to our publication. As our long time readers will acknowledge, Bill Abbott’s humor tends to be so nuanced; that only a handful of readers really understand his jokes. Mr. Stewart is universally recognized as a skilled humorist. With Mr. Stewart’s help, we think we will reach a much broader audience, and our blogs will be immediately distinguishable from those of our peers” said partner Diane Kindermann. “I would like to add that Mr. Stewart has long sought to master the subtleties of the Latin phrases that judges and attorneys like to use, so professionally it is a win-win for Mr. Stewart and our firm.” Mr. Stewart volunteered, “While this is a pretty small assignment in the world of comedy, I am looking forward to mastering judicial humor. No one else has.” Mr. Abbott is away at a joke writing camp and is unavailable for comment.

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