September 2005

Bill Abbott was recognized again by the publishers of Law and Politics and San Francisco Magazine as a leading practitioner in the field of land use law in Northern California.

Bill Abbott was also a finalist for the “Boss of the Year” award and was honored by the Sacramento Legal Secretaries Association.

by Elias E. Guzman

In Endangered Habitats League v. County of Orange (2005) 131 Cal.App.4th 777, an appellate court determined that project approvals and findings must be consistent with a county’s general plan. The court also found that an environmental impact report (“EIR”) must provide sufficient information to the lead agency in order to make an informed decision. Continue Reading General Plan Consistency and EIR Sufficiency

by William W. Abbott and Janell M. Bogue

It can safely be said that CEQA has gone to the dogs. In Lighthouse Field Beach Rescue v. City of Santa Cruz (2005) 131 Cal.App.4th 1170, we learn that failure to document the possibilities for changes in what most of us understand to be normal canine behavior may be the basis to invalidate an initial study, and in turn, a negative declaration. Continue Reading See Spot Write an Expanded Initial Study

by William W. Abbott

Can a public official who violates Government Code section 1090 sue the agency and the agency’s legal counsel (on whose advice the official arguably relied) for damages? As decided in the recent case of Chapman v. Superior Court (2005) 130 Cal.App.4th 261, the answer is no. Section 1090 operates as a specific prohibition against public officials from having a financial interest in contracts involving the public entities they serve. This obligation is separate from the more stringent requirement of the disclose and refain rules of the Political Reform Act. (Gov. Code, § 81000 et seq.) Continue Reading Chapman v. Superior Court: Public Officials Should Use Caution