Articles

Subscribe to Articles via RSS

By Cori Badgley

After losing on its state takings claim in Montana state court, a mining company was then turned away by federal court on constitutional grounds. In federal court, the governor of Montana, who was the named defendant, argued that the governor and the state were immune from suit in federal court under the rarely referenced Eleventh Amendment of the United States Constitution. The Ninth Circuit Court of Appeals agreed with the governor and dismissed the mining company’s suit.
Continue Reading Governor of Montana Successfully Asserts Sovereign Immunity to Takings Claim

By Glen Hansen

Applicants don’t like being denied a local land use permit. It is equally frustrating for project opponents who fail to stop an approval by a local governmental board to understand why the decision makers didn’t endorse their arguments. Many believe that the failure to prevail before an agency is not due to the merits of the cause, but is the result of some unstated, nefarious plot or bias in the collective heads of the agency board that rejected the position. However, the Court of Appeal recently reminded us that digging into the thought process of administrative officials is generally out of bounds.
Continue Reading DON’T GO THERE! Inquiring into the Thought Processes of Government Officials

Every year the California American Planning Association (“APA”) gives a number of awards in various categories to individuals and projects exemplifying outstanding planning. Winners of the Sacramento Valley section will be submitted to the state for consideration for the statewide award.

Leslie Walker, an associate with Abbott & Kindermann, LLP is a member of…

By Katherine J. Hart

This case addresses the issue of whether or not the legal effect of a notice of determination (“NOD”) in establishing a 30-day statute of limitations is absolute as to any and all CEQA based claims. In the opinion of the Court of Appeal, 6th appellate district, claims alleging that the agency failed to conduct environmental review but should have are governed by a separate 180-day limitation period.
Continue Reading Notice of Determination’s Thirty-Day Statute of Limitations May Not Apply to All CEQA Claims

By Cori Badgley

On April 16, 2008, the United States District Court for the Eastern District of California issued an opinion in Pacific Coast Federation of Fishermen’s Associations v. Gutierrez (Case No. 1:06-cv-00245) that invalidated portions of the 2004 biological opinion (“BiOp”) issued by the National Marine Fisheries Service (“NMFS”) for the Long-Term Central Valley Project and State Water Project Operations Criteria Plan (“2004 OCAP”).
Continue Reading California’s Water Supply Potentially Endangered by Invalid Biological Opinion

Bill Abbott, a partner with the firm, will be speaking at the UC Davis Extension Growth Management: Practical and Legal Strategies course on June 19, 2008. This seminar will address the practical and legal considerations you need to know when considering local growth management strategies, as well as the operational aspects of implementing growth management…

By Janell M. Bogue

You wouldn’t think that a simple, wooden fence would create enough controversy to fuel an extensive administrative process, a trial court case, and an appeal to the California Court of Appeal, Second Appellate District. However, in the case of Committee to Save the Hollywoodland Specific Plan and Hollywood Heritage v. City of Los Angeles (2008) 2008 Cal.App.Lexis 501, that is exactly what happened.
Continue Reading Good Fences Make Good Neighbors but Bad Fences Make Appellate Opinions

By William W. Abbott

In the opinion of the California Court of Appeal, Second Appellate District, (California Water Impact Network v. Newhall County Water Dist., (2008) Cal.App.LEXIS 554) a Water Supply Assessment (“WSA”) is like a traffic impact study: by itself it is not subject to legal review except in the context of a lawsuit challenging the CEQA document.
Continue Reading District’s Water Supply Assessment is Not Subject to Third Party Lawsuit Except in a Legal Challenge to the EIR

Diane Kindermann Henderson will be speaking at the Northstate Building Industry Association Seminar regarding the Clean Water Act: 404 permitting Workshop on May 20, 2008.  This seminar was originally scheduled for March 25, 2008. The workshop will be held at the Maidu Community Center, 1550 Maidu Drive, in Roseville, CA. For more information including RSVP details, go…

Rob Hofmann, an associate with Abbott & Kindermann, will be speaking at the Lorman Boundary Law Issues in California seminar on June 11, 2008. This seminar will include a discussion on the rules for establishing boundaries, typical boundary conflicts, as well as strategies for litigating boundary disputes. For more information, including RSVP details visit the…