August 2014

Join Glen C. Hansen of Abbott & Kindermann, LLP, in a new class which discusses recent developments in resolving easement and boundary disputes in California.  This is an advanced class aimed primarily at land surveyors, civil engineers, attorneys, and property owners. This intense, three‑hour class interprets and applies:

  • Easement Creation and Termination
  • Determining the Scope of an Easement
  • Locating and Maintaining Boundary Dividers
  • Resolving Conflicting Surveys
  • Recently Enacted and Pending Legislation

Continue Reading NEW CLASS – Update on Easement Law and Boundary Disputes

By Glen C. Hansen

A trio of cases were reported by the California Court of Appeal in the first half of 2014 that clarified the disclosure and fiduciary duties of real estate brokers and their agents.

Continue Reading California Courts of Appeal Issue Several Decisions Clarifying Disclosure Duties Of Real Estate Sellers And Their Brokers/Agents

By Katherine J. Hart

In California Clean Energy Committee v. City of Woodland (2014) 225 Cal.App.4th 173, the Court of Appeal, Third District, held the City of Woodland’s (City) programmatic environmental impact report (EIR) was invalid on the following three grounds: (1) it failed to provide sufficient mitigation measures for urban decay impacts; (2) it failed to properly assess the feasibility of the mixed-use alternative and support the City’s rejection of the alternative; and (3) the City did not adequately study and disclose transportation, construction and operational energy impacts in the EIR. The appellate court refused to consider plaintiff’s general plan consistency arguments as they were not properly presented to the court.

Continue Reading The Third DCA Turns Off The Lights and Directs A More Thorough Energy Analysis Be Prepared For Regional Shopping Center Project

By William W. Abbott

Citizens for a Green San Mateo v. San Mateo County Community College District (2014) 226 Cal.App.4th 1572.

Details do matter in CEQA litigation as reflected in the recent decision involving the application of the statute of limitations to bar a CEQA claim. Citizens for a Green San Mateo v. San Mateo County Community College District (2014) 226 Cal.App.4th 1572. The facts involve a facilities master plan adopted by the San Mateo County Community College District. The chronology begins in 2001 when the District adopted a master plan. The District updated the master plan in 2006. The 2006 plan called for building demolition and reconstruction, and extensive site redevelopment including modification to existing landscaping. A mitigated negative declaration was approved in conjunction with the updated master plan. From 2008 through 2010, the District developed, approved and awarded site specific construction contracts. To differing degrees, these plans and construction contracts referenced tree removal. In late 2010, the District awarded a contract for tree removal which began on December 29, 2010, continuing on into January. Citizens raised concerns in early January, and filed a petition for writ of mandamus against the District on July 1, 2011. 

Continue Reading An NOD Filed On A Facilities Master Plan In 2006 Applied To A 2010 Tree-Cutting Contract Awarded In Furtherance Of The Master Plan

By William W. Abbott

First, a micro history lesson. Hiram Johnson served as California’s governor from 1911 to 1917. For purposes of this blog, one of Hiram’s important contributions was his support for the constitutional amendment which added the right of initiative and referendum to the California Constitution. At the start of the 20th century, California joined the national populist movement embracing direct citizen involvement, thereby revolutionizing state politics. In California, the push for direct citizen involvement in the legislative process was designed in part to break the political control in Sacramento which was held by Southern Pacific Railroad, and by all counts the effort accomplished that goal. The initiative power was only one of several significant reforms championed by Johnson, but more on that later. For the curious, check out Hiram’s profile by the State Librarian: http://governors.library.ca.gov/23-hjohnson.html. For more on the history and significance of initiatives, check out the Initiative and Referendum Institute.

Continue Reading One Hundred Years Later Hiram Johnson Dances on His Grave: California Supreme Court Upholds Initiative Rights Against CEQA Based Challenge