Land Use, Environmental, and Real Estate Law in California
Spaces are still available! William Abbott and Harriet Steiner will teach a joint virtual course on June 26, 2020 titled, “Vested Rights, Vesting Maps and Development Agreements.” The seminar is hosted by UC Davis Extension.
Class Description:
Development agreements are an effective avenue for a community and developer to come together and process a…
William Abbott and Harriet Steiner will teach a joint virtual course on June 26, 2020 titled, “Vested Rights, Vesting Maps and Development Agreements.” The seminar is hosted by UC Davis Extension.
Class Description:
Development agreements are an effective avenue for a community and developer to come together and process a project. Both sides of…
Citizens for Positive Growth & Preservation v. City of Sacramento (2019) ___ Cal.App.5th ___.
In 2015, the City of Sacramento adopted an update to its general plan. The 2015 general plan amendment (“2015 Update”) was an update to a comprehensive 2030 plan adopted in 2009. The 2015 Update included an extension of the general plan…
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…
Knick v. Township of Scott, Pennsylvania, ___ U.S. ___, 139 S.Ct. 2162, 204 L.Ed.2d 558 (2019)
On June 21, 2019, by a 5-4 vote, the United States Supreme Court in Knick v. Township of Scott, Pennsylvania overruled the 34-year-old ripeness rule articulated in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City,…
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…
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…
