For those of you that have followed the Adam Bros. Farming, Inc.’s continuous battle against the County of Santa Barbara for a faulty wetlands delineation, the battle has finally come to an end at the Ninth Circuit Court of Appeals.
Continue Reading The Adam Bros. Farming Saga Ends at the Ninth Circuit
Land Use Litigation Traps
An unknowing petitioner faces a potential dismissal in a land use case for failure to obtain and serve a summons (Subdivision Map Act) or failure to request and serve a request for a hearing (CEQA).
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William W. Abbott Recognized as Leading Practitioner of Land Use Law
William W. Abbott has been recognized again by the publishers of Law & Politics and San Francisco Magazine as a leading practitioner of Land Use & Zoning Law. Mr. Abbott has been selected each year from 2004-2010 based upon peer review by Northern California attorneys. The 2010 selection process also identified Mr. Abbott as one of
. . . And the Number is . . . Five to Ten Percent Reduction Target for 2020
By Leslie Z. Walker
As mandated by SB 375 (Stats 2008, Ch.728) the California Air Resources Board (CARB) is required to set passenger vehicle greenhouse gas emission (GHG) reduction targets for 2020 and 2035 for each of the 18 Metropolitan Planning Organization (MPO) regions in California. CARB must set the targets by September 30, 2010. (Gov. Code, § 65080 subd. (b)(2)(A).)
Continue Reading . . . And the Number is . . . Five to Ten Percent Reduction Target for 2020
Takings Analysis Potentially Applies to Judicial Decisions as Well
In a divided ruling, the United States Supreme Court held that a property owner had failed to establish the existence of protected property rights under Florida law to stop a beach replenishment project, and as a result, the Court need not determine whether or not a ruling by the Florida Supreme Court constituted a physical taking affecting ocean front property owners.
Continue Reading Takings Analysis Potentially Applies to Judicial Decisions as Well
Racing to the Starting Line; Competing Permit Applications and First Amendment Activities
By Katherine J. Hart
This case involves a request for a permit to operate an adult cabaret and the interpretation of the City of Stanton “sensitive use ordinance.”Continue Reading Racing to the Starting Line; Competing Permit Applications and First Amendment Activities
When All Else Fails, Blame the Engineers
By William W. Abbott
One of the elements of a Proposition 218 election is the engineer’s report in support of the spread of assessments. As 218 places the burden on the agency adopting the assessment to justify the assessment, every agency facing the question of, how much information is required? The recent case of Beutz v. County of Riverside (2010) 184 Cal.App.4th 1516, sheds light on the subject.Continue Reading When All Else Fails, Blame the Engineers
Now You Have a Secret, Now You Don’t. Secret Balloting and Proposition 218
The California Supreme Court upholds a trial court decision rejecting an attempt to overturn a 218 election on allegations of insufficient secrecy of ballot information.
Continue Reading Now You Have a Secret, Now You Don’t. Secret Balloting and Proposition 218
Appellate Court Post – Save Tara: Preliminary Exploration Does Not Constitute Project Commitment for CEQA
By Leslie Z. Walker
In City of Santee v. County of San Diego (June 7, 2010, D055310) __Cal.App.4th__ the Fourth District Court of Appeal held that an agreement between the County of San Diego and the Department of Corrections under which the County identified potential locations for a state prison reentry facility in exchange for preference in the awards of state financing of county jail facilities did not constitute a commitment to a definite course of action. As such, Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116 did not require the County to conduct environmental review prior to entering into the agreement.
Continue Reading Appellate Court Post – Save Tara: Preliminary Exploration Does Not Constitute Project Commitment for CEQA
Senate Local Government Committee Releases 2010 Greatest Hits List
With the legislative deadlines for policy committees now behind us, I want you to know about some of the more interesting bills that the Senate Local Government Committee worked on during 2010. The urgency bills took effect on the day they were chaptered; regular bills will take effect on January 1, 2011.
Continue Reading Senate Local Government Committee Releases 2010 Greatest Hits List