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March 2012
Compliance with Trial Court Writ Renders Moot an Appeal on the Merits
Posted in Attorney's Fees
Public agencies looking to appeal the merits of an adverse judgment and writ of mandate have to be careful about not taking actions which render the lawsuit moot. Awards of attorney’s fees under the private attorney general doctrine are not likely to be reversed on appeal.
Continue Reading Compliance with Trial Court Writ Renders Moot an Appeal on the Merits
The Ninety Day Period to Challenge a Land Use Approval is Not Extended by More General Rules Governing Administrative Mandamus
Posted in Planning, Zoning, & Development
Time waits for no litigant in California land use litigation.
Continue Reading The Ninety Day Period to Challenge a Land Use Approval is Not Extended by More General Rules Governing Administrative Mandamus
Applying CEQA’s Unusual Circumstances Exception to an Otherwise Exempt Activity Results in an EIR for a Single Family Residence
Posted in CEQA, Local Government
Court orders EIR for construction of a single family residence.
Continue Reading Applying CEQA’s Unusual Circumstances Exception to an Otherwise Exempt Activity Results in an EIR for a Single Family Residence