August 2008

By Cori Badgley

Generally, when a plaintiff challenges the action of a government agency, the plaintiff has the burden to overcome the presumption that the government agency acted lawfully. In regards to special assessments falling within the protections of Proposition 218, the burden shifts. When a plaintiff challenges a special assessment, the government agency has the burden to prove that it acted lawfully, and the court reviews the agency’s decision de novo.
Continue Reading California Supreme Court Rules Open Space Assessment is Invalid Special Tax Under Proposition 218

By The Attorneys of Abbott & Kindermann, LLP

Readers of the Land Use Law Blog know that we host an annual land use update; the most recent on January 24, 2008. At that event, we review the most important developments in land use, environmental, and real estate law from the previous year. Our next annual update is planned for January 22, 2009 and more details will be forthcoming.

This year, we are also providing a mid-year update on the blog, covering the most significant developments from the first half of this year. Click on the link below to read the entire mid-year update and listen to audio commentary.
Continue Reading Abbott & Kindermann Land Use Law Blog 2008 Mid-Year Review

By Leslie Walker

For the general public, the most exciting events so far this year on the climate change front have been at the national level. The Secretary of the Interior announced that the Polar Bear is a threatened species under the Endangered Species Act (16 U.S.C. § 1531 et seq.) because reduced sea ice coverage threatens its habitat; and Congress hotly debated, and then rejected, a bill to reduce greenhouse gas emissions to 66% below 2005 levels by 2050.Continue Reading Mid Year Heat Up: Climate Change January-July 2008