April 2008

Bill Abbott, a partner with the firm, will be speaking at the UC Davis Extension Growth Management: Practical and Legal Strategies course on June 19, 2008. This seminar will address the practical and legal considerations you need to know when considering local growth management strategies, as well as the operational aspects of implementing growth management

By Janell M. Bogue

You wouldn’t think that a simple, wooden fence would create enough controversy to fuel an extensive administrative process, a trial court case, and an appeal to the California Court of Appeal, Second Appellate District. However, in the case of Committee to Save the Hollywoodland Specific Plan and Hollywood Heritage v. City of Los Angeles (2008) 2008 Cal.App.Lexis 501, that is exactly what happened.
Continue Reading Good Fences Make Good Neighbors but Bad Fences Make Appellate Opinions

By William W. Abbott

In the opinion of the California Court of Appeal, Second Appellate District, (California Water Impact Network v. Newhall County Water Dist., (2008) Cal.App.LEXIS 554) a Water Supply Assessment (“WSA”) is like a traffic impact study: by itself it is not subject to legal review except in the context of a lawsuit challenging the CEQA document.
Continue Reading District’s Water Supply Assessment is Not Subject to Third Party Lawsuit Except in a Legal Challenge to the EIR

Diane Kindermann Henderson will be speaking at the Northstate Building Industry Association Seminar regarding the Clean Water Act: 404 permitting Workshop on May 20, 2008.  This seminar was originally scheduled for March 25, 2008. The workshop will be held at the Maidu Community Center, 1550 Maidu Drive, in Roseville, CA. For more information including RSVP details, go

Rob Hofmann, an associate with Abbott & Kindermann, will be speaking at the Lorman Boundary Law Issues in California seminar on June 11, 2008. This seminar will include a discussion on the rules for establishing boundaries, typical boundary conflicts, as well as strategies for litigating boundary disputes. For more information, including RSVP details visit the

By William W. Abbott

The case of Brewer v. Murphy (Court of Appeal, Fifth Appellate District, Case No. F051700) involved three riparian owners and a dispute over a spring box and pipeline. The riparian owners are listed here in order from the lower riparian to the upper riparian: Brewer, Hagg and Murphy/Klein. In 1979, Brewer acquired property in eastern Fresno County. The source of water was a spring box on property owned by Murphy/Klein’s predecessor, located roughly one mile away. When Murphy (and later Klein, who acquired a part interest from Murphy) took title, neither was actually aware of the spring box or pipeline.
Continue Reading Open Hostility: Validating Prescriptive Easements

Diane Kindermann Henderson, a partner at the firm, will be speaking at the Lorman Advanced CEQA Workshop: Critical Issues Update on June 20, 2008. This seminar will include a discussion on the framework for success in managing the environmental review process; preparing or reviewing CEQA documents; and addressing complex, practical issues. For more information, including

By Cori Badgley

In CEQA litigation, a petitioner may elect to create the administrative record or request that the respondent local agency assemble the record. When the local agency prepares the record, the petitioner pays for the costs of preparation. Petitioners sometimes elect to prepare the record in an effort to reduce costs.
Continue Reading Be Careful What You Ask For: The Costs Might be More Than You Can Bear