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

By Glen C. Hansen

In Murphy v. Burch, 2009 Cal. LEXIS 3983 (April 27, 2009, No. S159489), the California Supreme Court held that the common law elements of strict necessity and common ownership are only part of the showing that is required to establish an easement by necessity, where the common ownership is traced to the federal government. In such a case, a claimant must also prove congressional intent to reserve an access right-of-way, and the inability of the government to condemn an access easement.
Continue Reading Where Property Ownership Originates From a Federal Patent, the Rules for an Easement by Necessity are Different (and May be Practically Impossible to Meet)

Consent Unreasonably Withheld Amounts to Breach of Purchase and Sale Agreement

By Cori Badgley

In Peak-Las Postias Partners v. Bollag (2009) 172 Cal.App.4th 101, the court reminded the defendant, Michael Bollag, that the term “consent” in a contract does not give the party unbridled freedom to refuse consent. Instead, the implied requirement of good faith and fair dealing requires that the refusal of consent be reasonable and not merely based on “personal taste, convenience or sensibility.”…
Continue Reading Consent Unreasonably Withheld Amounts to Breach of Purchase and Sale Agreement

By Glen C. Hansen

In Linthicum v. Butterfield (April 2, 2009) 2009 Cal.App. LEXIS 473 (as modified on April 9, 2009, 2009 Cal.App.LEXIS 496), the California Court of Appeal, Second Appellate District, affirmed a trial court’s creation of an equitable easement. In that case, Plaintiffs bought a parcel of land in a mountainous area near Los Padres National Forest in Santa Barbara County. A 60-year old roadway existed over that parcel. Defendant owners of neighboring parcels used that roadway as the only access to their land. Plaintiffs sought an injunction to prevent Defendants from using the roadway. Defendants cross-complained to quiet title to an easement for the roadway. The primary issue in that case was whether the trial court abused its discretion in creating an “equitable easement” over the roadway in favor of the Defendants.
Continue Reading Through Equity, A Court Can Create a Roadway Easement

By William W. Abbott

Adjudicating old subdivision maps is becoming more and more like driving the last nail into a coffin: the patient is dead and we are simply down to the final details. Blog readers may remember Revisiting History: When is a Recorded 1915 Map Not a Subdivision Map?, which reviewed the holding in Witt Home Ranch, Inc. v. County of Sonoma (2008) 165 Cal.App.4th 543, a case in which the First Appellate District concluded, relying on Gardner v. County of Sonoma (2003) 29 Cal.App.4th 990, that a 1915 subdivision map did not meet the grandfather test for prior subdivisions found in Government Code section 66499.30.
Continue Reading Revisiting History Part II: When is a Recorded 1909 Map Not a Subdivision Map?

By Leslie Z. Walker

Two months ahead of the deadline mandated by SB 97 (Chapter 185, Statutes 2007; Public Resources Code section 21083.05), the Governor’s Office of Planning and Research (“OPR”) proposed amendments to the CEQA Guidelines for the mitigation of greenhouse gas emissions (“Proposed Guidelines”) and transmitted them to the Resources Agency for rulemaking on Monday, April 13, 2009.
Continue Reading OPR Finalizes Proposed CEQA Guidelines and Transmits Them to Resources Agency

By Leslie Z. Walker

On April 17, 2009, the U.S. Environmental Protection Agency (“EPA”) released a proposed finding under Section 202 of the Clean Air Act (42 U.S.C. § 7521(a)(1)) that greenhouse gases in the atmosphere endanger the public health and welfare. (See Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act.)…
Continue Reading EPA Issues Proposed Endangerment Finding for Greenhouse Gas Emissions

Cori Badgley, associate at Abbott & Kindermann, LLP will be speaking at the following seminar on April 29, 2009.

Smart Ways to Stay ON TRACK and not get DE-RAILED

Current Real Estate statistics & how to survive the Market
1031 Exchange and Structured Sales
Short Sales, late house payments, danger of Foreclosure
Refinancing to a safer and better loan
Legal advice about Short Sales and tax breaks for homeowners
Loan Modifications
Rescuing your 401K
Learn how to help your personal situation and get solid advice from leading professionals in 6 different fields.

On Track Workshop
Wednesday, April 29, 2009 – 6:30 PM – 9:00 PM
Holiday Inn Express Grand Ballroom
121 Bank Street, Grass Valley, California
Refreshments will be served
The Workshop is FREE and Seating is Limited

Please RSVP to reserve your spot in the workshop. Call (530) 268-2488 or register on the website: www.ontrackworkshop.com…
Continue Reading Short Sale Workshop

By Cori Badgley

In interpreting the provision of a development agreement imposing an in-lieu affordable housing fee, the court in Building Industry Association of Central California v. City of Patterson (2009) 171 Cal.App.4th 886 enunciated two important rulings: 1) development agreements are interpreted under contract law, and 2) an in-lieu affordable housing fee is not reasonably justified if the fee is simply based on the amount of housing allocated to the jurisdiction under the regional housing need assessment.
Continue Reading Simple Math Does Not Amount to Reasonable Justification for Fee Amount

By Katherine J. Hart

In California Native Plant Society v. County of El Dorado, (2009) 170 Cal.App.4th 1026, the California Native Plant Society (“Society”) filed a CEQA lawsuit against El Dorado County (“County”) after the County approved a Mitigated Negative Declaration (“MND”) and Congregate Care Project (“Project”). The Project consists of two care units, cottages, and a clubhouse on 20 acres, and was part of a larger development area including a local medical center, a senior assisted living facility, medical office buildings and a local retail shopping center.
Continue Reading Are the Days of Mitigating a Project’s Significant Impacts with Impact Fees Gone?

Have you participated in an outstanding planning project in the last year? Do you know someone who should be recognized for their leadership in planning? Nominate a project or person for one of the award categories below by Monday, April 6, 2009.
Continue Reading Less Than Two Weeks Left to Submit Your Application for the Sacramento Valley Section APA Awards