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Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update

Reserve your seat for one of three seminars taking place in 2011.

In January and February 2011 Abbott & Kindermann, LLP will present its annual complimentary educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, real estate acquisition, easements, leasing and property acquisition, and mining.
Continue Reading REMINDER! Save the Date!

Just because an agency has time to think doesn’t mean it does. In Juana Briones House v. City of Palo Alto (October 27, 2010, H033275) ___ Cal.App.___ the Sixth District Court of Appeal found the provision of the Palo Alto municipal code requiring a 60 day delay prior to the issuance of a demolition permit did not render the act discretionary. The City properly treated the demolition permit as ministerial and exempt from environmental review under CEQA.
Continue Reading Authority to Delay a Project Does Not Make the Project Discretionary

In the much anticipated opinion of Building Industry Association of Central California v. County of Stanislaus, et al.(November 29, 2010, F058826), by the California Court of Appeal, Fifth District, the Court reversed the trial court’s ruling to invalidate the Farmland Mitigation Program (“FMP”) adopted as an update to the County of Stanislaus’ (“County”) agricultural element of the County’s general plan.
Continue Reading Appellate Court Upholds 1:1 Agricultural Lands Mitigation

California Court of Appeal for the First Appellate District held that home loan borrowers could not state a cause of action for fraudulent misrepresentation or concealment against a lender, because a borrower is not entitled to rely upon a lender’s knowingly false determination that the borrower is qualified for a loan in order to decide if the borrower could afford the loan.
Continue Reading A Lenders’ Loan Approval Is Not An Implied Promise That The Borrower Can Afford The Loan