On July 29, 2025, the California Court of Appeal issued a final ruling in Sheetz vs. El Dorado County in favor of the County on an unconstitutional takings claim. The decision, which followed a remand from the United States Supreme Court, addresses the requirements of federal constitutional law that applies to jurisdictions across the country.
Second District Court of Appeal Holds Covenants Cannot be Enforced Against Property Owners When No Recorded Instrument Expressly Indicates the Covenant Applies to the Property
Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes (2024) 100 Cal.App.5th 110
In Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes (2024) 100 Cal.App.5th 110, the Court of Appeal for the Second District held that the Rolling Hills Community Association of Rancho Palos Verdes (“Association”) could not enforce a
Court of Appeal for First District Holds that California Building Code Section 1.8.8 Creates a Mandatory Process for Appeals of Building Code Violations and Preempts Local Processes That Conflict
Temple of 1001 Buddhas v. City of Fremont (2024) 100 Cal.App.5th 456
In Temple of 1001 Buddhas v. City of Fremont (2024) 100 Cal.App.5th 456, the Court of Appeal for the First District held that the City of Fremont holding hearings for appeals of determinations related to building code violations in front of a single
Second District Court of Appeal Holds City of Cerritos is Immune from Public Nuisance Liability for Extra Traffic in City of Norwalk Resulting from Amendments to City Ordinance
City of Norwalk v. City of Cerritos (2024) 99 Cal.App.5th 977
In City of Norwalk v. City of Cerritos (2024) 99 Cal.App.5th 977, the Court of Appeal for the Second District addressed the appeal of a public nuisance action brought by the City of Norwalk (“Norwalk”) against the City of Cerritos (“Cerritos”
Legislative Amendments to CEQA Passed in Response to a Court of Appeal Decision Required the California Supreme Court to Reverse the Lower Court’s Decision
Make UC A Good Neighbor v. Regents of the University of California (2024) 16 Cal.5th 43
In response to a proposed development that would increase student housing, Make UC a Good Neighbor and People’s Park Historic District Advocacy Group (“Good Neighbor”) brought a lawsuit against the Regents, the President, and the Chancellor of
Third District Court of Appeal Holds the Department of Water Resources’ Approval of Amendments to Existing Water Supply Contracts Under the State Water Project Was Proper
Planning & Conservation League v. Department of Water Resources (2024) 98 Cal.App.5th 726
In Planning & Conservation League v. Department of Water Resources (2024) 98 Cal.App.5th 726, the Third District Court of Appeal upheld the Department of Water Resources’ (“Department”) approval of amendments to existing water supply contracts under the State Water Project
First District Court of Appeal Holds Completion of Project Does Not Render CEQA Violation Claims Moot So Long as Effectual Mitigation Measures Remain Available
Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46.
In Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46, the First District Court of Appeal held completion of a project did not render claims against a city alleging CEQA violations moot because effective relief was still possible. Additionally, the
2nd District Court of Appeal Upholds Local Governments’ Discretion to Override Housing Density Caps
In AIDS Healthcare Foundation v. Bonta (2024) 101 Cal.App.5th 73, the Second District Court of Appeal upheld the power of local governments to override housing density caps, including caps adopted by voter initiative.
Legal Background
Under Senate Bill 10 (“SB 10”), passed in 2021, the Legislature granted counties and cities discretion on
First District Holds Development Agreement For Affordable Housing Project Subject to Referendum Power
In Move Eden Housing v. City of Livermore (2024) 100 Cal.App.5th 263, the First District Court of Appeal held the Livermore City Council’s adoption of a resolution approving a development agreement was a legislative act subject to the referendum power. This case is the latest iteration of a multi-year litigation battle targeting an affordable
Appellate Court Holds Oakland Could Collect Impact Fees Notwithstanding A Prior Agreement With A Developer Detailing What Fees Would Apply To The Development Project
In Discovery Builders, Inc. v. City of Oakland (2023) 92 Cal.App.5th 799, the First District Court of Appeal held an agreement between a developer and the City of Oakland was unenforceable to the extent it prevented the city from imposing new impact fees in the future. The court reasoned such a provision constituted an