June 2013

Diane G. Kindermann Henderson will be teaching an advanced CEQA class for Lorman Education Services on CEQA. This California Environmental Quality Act Seminar will be held on June 26, 2013, in Sacramento, California. It will provide a foundation in CEQA and then move on to the latest case law plus statutory and policy updates, evolving issues will be highlighted as well. Clients and colleagues of Ms. Kindermann will receive a 20% discount off the registration fee for this seminar. Please mention discount code J2105588 when registering. For more information and to register for this event, please click here www.lorman.com/ID391391.

By William W. Abbott

In California Building Industry Assn. v. City of San Jose (June 6, 2013, H038563) ___ Cal.App.4th ___, the City of San Jose adopted an inclusionary ordinance, requiring that new residential projects include units affordable to specified income ranges. Alternatively, the ordinance permitted the developer to pay an in lieu fee or dedicate land. The California Building Industry Association (“CBIA”) filed suit, challenging the validity of the ordinance on its face on the basis that the ordinance lacked any nexus to the deleterious effects of new residential development. CBIA did not allege that a compensable takings had occurred, but rather argued that the City lacked sufficient justification for the ordinance. The trial court agreed with CBIA and invalidated the ordinance. The City appealed.

Continue Reading Appellate Court Reverses Trial Court Invalidation Of Local Inclusionary Ordinance; Remanded For Further Review

By Glen Hansen

In Freeny v. City of San Buenaventura (June 4, 2013, B240893) ___ Cal.App.4th ___, the Court of Appeal for the Second Appellate District held, in an action against a city and five city council members for compensatory and punitive damages for voting against an application for building permits and variances, that public employees’ tort immunity for legislative decision-making under Government Code sections 820.2, 821 and 821.2 applies even when that decision-making is also alleged to involve the making of misrepresentations motivated by actual fraud, corruption or actual malice.

Continue Reading Public Officials Are Immune From Tort Liability For Legislative Actions Involving Misrepresentations That Are Motivated By Fraud, Corruption Or Actual Malice.

State Water Resources Control Board anticipates the release of the revised draft of the Industrial General Permit and supporting documents around July 20, 2013, written comment period of 45 days, and a public hearing tentatively scheduled for August 20, 2013.

For more information visit: http://www.waterboards.ca.gov/water_issues/programs/stormwater/