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By William W. Abbott & Kristen Kortick

City of Hesperia v. Lake Arrowhead Community Services District (2019) 37 Cal.App.5th 734.

In City of Hesperia v. Lake Arrowhead Community Services District (2019) 37 Cal.App.5th 734, the 4th  Appellate District affirmed a writ of mandate issued to Lake Arrowhead Community Services District (“District”) directing

Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles (2019) 37 Cal.App.5th 768

The Court of Appeal affirmed the trial court’s denial of a writ of mandate demanding the City of Los Angeles (“City”) prepare an EIR for the conversion of a former rental apartment building into a hotel. The Court held that as

Shirli Fabbri Weiss v. City of Del Mar (2019) Cal.App. LEXIS 834

Litigation challenging a land use decision is subject to short statute of limitations. While Government Code section 65009 sets forth several different time frames depending upon the legal theory, subdivision (c) requires a plaintiff to file and serve the complaint and summons within

Sacramentans for Fair Planning v. City of Sacramento (2019) 2019 Cal.App. LEXIS  646

The City of Sacramento, a charter city, approved a fifteen-story mixed use project in its Midtown area, significantly in excess of its adopted height and FAR standards. This approval was based upon a general plan policy which stated, “The City may allow

Cleveland National Forest Foundation v. County of San Diego (2019) ____ Cal.App.5th ______. 

On July 25, 2019 the Court of Appeal for the Fourth Appellate District published its opinion in Cleveland National Forest Foundation v. County of San Diego (2019) ___ Cal. App. 5th ___, which interpreted the clause “residential development not incidental to

Welcome to Abbott & Kindermann’s 2019 2nd Quarter cumulative CEQA update. This summary provides links to more in-depth case write-ups on the firm’s blog. The case names of the newest decisions start with Section 3 and are denoted by bold italic fonts.

1. 2019 CEQA UPDATE

To read the 2018 cumulative CEQA review, click

Boatworks, LLC v. City of Alameda (2019) 35 Cal. App. 5th 290.

In 2014, the City of Alameda adopted updated Development Impact Fees pursuant to the Mitigation Fee Act (“MFA”), including fees for park acquisition and improvement.  A property owner/developer (“Boatworks”) timely filed a facial challenge to the park fee and the trial court

California Charter Schools Association v. City of Huntington Park 2019 Cal.App. LEXIS 444.

Cities and counties frequently rely upon Government Code section 65858 to control land uses in the face of a regulatory or policy update.  An interim ordinance can be adopted following minimum notice and hearing procedures.  The initial ordinance is effective for