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 measures. For more information, including enrollment details visit the UC Davis Extension website.

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 to the Northstate BIA website.

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 Lorman website.

Responding to an adverse $36 million judgment handed down in November of 2007, the City of Half Moon Bay has negotiated a settlement whereby the City will pass legislation allowing the developer to develop the property formerly delineated as wetlands. In the case leading to settlement, Yamagiwa v. City of Half Moon Bay (N.D. Cal. 2007) 2007 U.S.Dist.LEXIS 22573, the court awarded the developer $36 million for the wetlands accidentally created by the City that, according to the court, amounted to a physical taking of the property. 

See Abbott & Kindermann’s full review of this case entitled City’s Accidental Creation of Wetlands Leads to Finding of Physical Taking and a $36.8 million Judgment Against City.

Cori Badgley is an associate with Abbott & Kindermann, LLP.  For questions relating to this article or any other California land use, environmental and planning issues contact Abbott & Kindermann at (916) 456-9595.

The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

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 RSVP details visit the Lorman website.

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. In St. Vincent’s School for Boys, Catholic Charities CYO v. City of San Rafael (2008) 160 Cal.App.4th 1426, the appellate court struggled with the question:

does section 21167.6 [of the Public Resources Code] preclude an award of costs in favor of the prevailing [lead agency] if the plaintiff elects to prepare the record pursuant to section 21167.6, subdivision (b)(1)?

Continue Reading Be Careful What You Ask For: The Costs Might be More Than You Can Bear

Attorney General Jerry Brown has “1,100 lawyers standing by and they’re looking for someone to sue,” according to the Sacramento Bee. A March 31, 2008 article quoted the Attorney General discussing “his determination to go to court to enforce California laws to cut pollutants blamed for global warming.”

See Abbott & Kindermann’s review of the first of the Attorney General’s five conferences entitled CEQA and Climate Change: Partnering with Local Agencies to Combat Global Warming.

Leslie Walker is an associate with Abbott & Kindermann, LLP.  For questions relating to this article or any other California land use, environmental and planning issues contact Abbott & Kindermann, LLP at (916) 456-9595.

The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.