In a divided ruling, the United States Supreme Court held that a property owner had failed to establish the existence of protected property rights under Florida law to stop a beach replenishment project, and as a result, the Court need not determine whether or not a ruling by the Florida Supreme Court constituted a physical taking affecting ocean front property owners.
Continue Reading Takings Analysis Potentially Applies to Judicial Decisions as Well
Articles
Racing to the Starting Line; Competing Permit Applications and First Amendment Activities
Posted in Planning, Zoning, & Development
By Katherine J. Hart
This case involves a request for a permit to operate an adult cabaret and the interpretation of the City of Stanton “sensitive use ordinance.”Continue Reading Racing to the Starting Line; Competing Permit Applications and First Amendment Activities
When All Else Fails, Blame the Engineers
Posted in Local Government
By William W. Abbott
One of the elements of a Proposition 218 election is the engineer’s report in support of the spread of assessments. As 218 places the burden on the agency adopting the assessment to justify the assessment, every agency facing the question of, how much information is required? The recent case of Beutz v. County of Riverside (2010) 184 Cal.App.4th 1516, sheds light on the subject.Continue Reading When All Else Fails, Blame the Engineers
Now You Have a Secret, Now You Don’t. Secret Balloting and Proposition 218
The California Supreme Court upholds a trial court decision rejecting an attempt to overturn a 218 election on allegations of insufficient secrecy of ballot information.
Continue Reading Now You Have a Secret, Now You Don’t. Secret Balloting and Proposition 218
Appellate Court Post – Save Tara: Preliminary Exploration Does Not Constitute Project Commitment for CEQA
Posted in CEQA
By Leslie Z. Walker
In City of Santee v. County of San Diego (June 7, 2010, D055310) __Cal.App.4th__ the Fourth District Court of Appeal held that an agreement between the County of San Diego and the Department of Corrections under which the County identified potential locations for a state prison reentry facility in exchange for preference in the awards of state financing of county jail facilities did not constitute a commitment to a definite course of action. As such, Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116 did not require the County to conduct environmental review prior to entering into the agreement.
Continue Reading Appellate Court Post – Save Tara: Preliminary Exploration Does Not Constitute Project Commitment for CEQA
Senate Local Government Committee Releases 2010 Greatest Hits List
Posted in Local Government
With the legislative deadlines for policy committees now behind us, I want you to know about some of the more interesting bills that the Senate Local Government Committee worked on during 2010. The urgency bills took effect on the day they were chaptered; regular bills will take effect on January 1, 2011.
Continue Reading Senate Local Government Committee Releases 2010 Greatest Hits List
2010 MID-YEAR CEQA UPDATE
Posted in CEQA
Highlights for this update include the three firsts on the climate change front: (1) adoption of CEQA guidelines for the quantification and mitigation of greenhouse gas emissions (“GHG”), (2) the adoption of the first thresholds of significance for GHG, and (3) the first appellate court case finding an Environmental Impact Report’s (“EIR”) analysis of GHG inadequate.
Continue Reading 2010 MID-YEAR CEQA UPDATE
Limited Discretion Related to Aesthetics did not Trigger Need for Supplemental EIR on Climate Change Impacts
Posted in CEQA
The City of San Diego was not required to conduct supplemental environmental review on the issue of climate change, where the only discretionary action was limited to the aesthetics of the project.
Continue Reading Limited Discretion Related to Aesthetics did not Trigger Need for Supplemental EIR on Climate Change Impacts
Basin Plan Amendments Addressing Impairments for Salt, Boron and Dissolved Oxygen are Valid
Posted in CEQA, Water Supply
Regional Board TMDLs for Salt/Boron and Dissolved Oxygen Upheld by Third Appellate District.
Continue Reading Basin Plan Amendments Addressing Impairments for Salt, Boron and Dissolved Oxygen are Valid
The Long Life of CEQA Mitigation Measures
Posted in CEQA
By William W. Abbott
The shelf life of mitigation measures may readily outlast the lives of the projects to which they are attached, according to the First Appellate District. While the fact pattern is specific to timber harvesting and later conversion, the holding has application in the broader world of all CEQA practice.Continue Reading The Long Life of CEQA Mitigation Measures