Land Use, Environmental, and Real Estate Law in California
Hansen v. Sandridge Partners, L.P. (2018) 22 Cal.App.5th 1020
A. An Equitable Easement Is Often Sought Where A Prescriptive Easement And Adverse Possession Are Not Available.
An oft-repeated scenario in boundary disputes goes like this: A property owner encroaches upon a neighbor’s land and then uses that land in a manner that is akin to…
September 19, 2018 – 11am to 1pm
Presenter: Daniel S. Cucchi, Esq., Abbott & Kindermann, Inc.
The pace of new court rulings affecting land use professionals can be difficult to keep up with. But each one could have a significant impact on a land use professional’s day-to-day activities. If you want to catch up on…
By Kristen Kortick
AB 734 (Bonta)
Since the 2003 publication of the book, Moneyball: The Art of Winning an Unfair Game, by Michael Lewis, the A’s franchise made a name for itself as a franchise utilizing creative tactics to keep fans in the stands and the players in the dugout. Enter construction of the…
Diane G. Kindermann (2015-2018) and William W. Abbott (2004-2018) were again selected for the Northern California Super Lawyers List in the practice areas of Land Use and Zoning law. More information is available at http://www.superlawyers.com/california-northern/. The firm is pleased to continue to serve private and public clients in Northern California on land use, environmental…
Welcome to Abbott & Kindermann’s 2018 2nd Quarter 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.
To read the 2017 cumulative CEQA review, click here…
County of Ventura v. City of Moorpark (June 12, 2018, case no. B282466) ___ Cal.App.5th ___.
Courts have frequently reminded lead agencies of the obligation to examine the whole of the project, thereby expanding the scope of CEQA analysis. The recent decision of County of Ventura v. City of Moorpark also examines the issue of…
By William W. Abbott
Jensen v. City of Santa Rosa (May 1, 2018, A144782) ___ Cal.App.5th ___.
Negative declarations are notoriously at risk as a result of the fair argument standard of review. As the recent decision in Jensen v. City of Santa Rosa (May 1, 2018, A144782) ___ Cal.App.5th ___, illustrates, the successful…
1901 First Street Owner, LLC v. Tustin Unified School Dist. (2018) 21 Cal.App.5th 1186
The methodology for imposing local impact fees is largely left to the discretion of the local agency adopting the impact fees. (AB 1600; Gov. Code §66000, et seq.; the “Mitigation Fee Act”.) As long as there is a reasonable basis for…
Fifth Amendment takings challenges to adjudicative land-use exactions and permit conditions are governed by the two-part test in Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512…
Course Description
Learn key provisions of the Map Act, how it is applied in planning and development processes, recent legislative changes and new legal interpretations from court decisions and attorney general opinions. Explore both local agency and sub-divider viewpoints and discuss legal and practical solutions.
Topics include:
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