Photo of Abbott & Kindermann, Inc.

Abbott & Kindermann, Inc.

Subscribe to Abbott & Kindermann, Inc.'s Posts
Follow:Read more about Abbott & Kindermann, Inc.Jeaninne's Linkedin Profile

Court Upholds Use Of Post Emergency Construction Conditions As Baseline For Project Description

By William W. Abbott

CREED-21 v. City of San Diego (2015) 234 Cal. App.4th 488.

As reflected in the recent decision in CREED-21 v. City of San Diego, a lead agency can validly “reset” the baseline for CEQA analysis to the post-emergency condition, even in circumstances in which the lead agency had previously considered undertaking the construction and post-construction work in non-emergency conditions.Continue Reading Appellate Court Harmonizes “Its All About That Bass” (Baseline That Is)

By Glen Hansen

Ram v. OneWest Bank, FSB (2015) 234 Cal.App.4th 1.

In Ram v. OneWest Bank, FSB (2015) 234 Cal.App.4th 1, the Court of Appeal for the First Appellate District held that a nonjudicial sale of a residence was not void due to irregularities in the foreclosure proceedings, where the party executing and recording the notice of default as the “trustee” had not yet been substituted as the trustee by the lender’s assignee.Continue Reading Nonjudicial Sale Is Not Void Merely Because The Trustee Had Not Yet Been Substituted As The Trustee At The Time It Recorded The Notice Of Default

By William W. Abbott

Woody’s Group, Inc. v. City of Newport Beach (2015) 233 Cal.App.4th 1012.

Woody%27s%20Wharf.jpgWhile formal court rules do not apply to local land use proceedings fundamental requirements for due process and fairness are part of land use decisionmaking as illustrated in Woody’s Group, Inc. v. City of Newport Beach. [Woody’s Wharf  –  www.woodyswharf.com] The planning commission had granted a use permit to the restaurant permitting a patio cover, approval to stay open until 2:00 a.m., and indoor dancing. Four days later, City Councilman Henn sent the city clerk an email making an “official request” for an appeal, indicating his belief that the use, as approved by the commission was inconsistent with existing and expected residential uses in the area and the City’s General Plan. The councilman did not file a formal appeal form and did not pay an appeal fee. The appeal went forward to the city council where the permit applicant challenged the informal appeal and the ability of the city councilman to act upon his own appeal. The councilman in question, based upon his previously prepared notes, led the charge to deny request permit. The council, with one member abstaining and one recusing themselves, voted on Henn’s motion to reverse the planning commission decision. The council’s action also reflected that there had previously been a number of appeals by councilmembers in the past which were acted upon by the city council, and these appeals followed similar informal steps as the appeal in Woody’s Wharf, and thus reflected city custom. Woody’s filed for a writ of mandate to set aside the appeal and alleged a civil rights violation. The city filed a cross complaint to enjoin operations after 11:00 p.m. or dancing. The trial court denied the writ and issued the preliminary injunction. Woody’s appealed.Continue Reading Footloose in Newport Beach: City Councilmembers Lack The Inherent Right To Appeal A Planning Commission Decision Then Vote On The Appeal

By William W. Abbott

Citizens for Fair REU Rates v. City of Redding (2015) 233 Cal.App.4th 402.

In Citizens for Fair REU Rates v. City of Redding, the Third District Appellate Court found that the City of Redding’s PILOT charge was subject to Proposition 26’s voter approval requirement unless the charge reasonably related to the cost of service.Continue Reading Court Grounds City’s PILOT For Unauthorized Taxing

By Glen C. Hansen

Richardson v. Franc (January 27, 2015, A137815) ___ Cal.App.4th ___.

In Richardson v. Franc, the Court of Appeal for the First Appellate District affirmed a trial court’s granting of an irrevocable license in perpetuity to maintain and improve landscaping, irrigation, and lighting within the area of an express easement for…

By Glen C. Hansen

In Donahue Schriber Realty Group, Inc. v. Nu Creation Outreach (2014) 232 Cal.App.4th 1171, the Court of Appeal for the Fifth Appellate District affirmed a trial court’s order granting a preliminary injunction that enjoined defendants from soliciting charitable donations or engaging in other expressive activities on sidewalks adjacent to store…

By William W. Abbott

Reed v. Town Of Gilbert

A sign from the top? On January 12, 2015, the United States Supreme Court wrestled with local regulation of directional signage and whether the Town of Gilbert, Arizona had unpermissibly regulated sign content. During oral argument the court aggressively questioned the town’s defense of its regulations.