Land Use, Environmental, and Real Estate Law in California
January 29, 2008
This seminar addresses integrated issues in storm water, wetlands, and associated water quality regulations. Compliance guidance for both the storm water and wetlands programs will be provided while underscoring the relationship between the two programs.
You will hear the latest trends, case studies and policies related to storm water, wetlands and associated water…
By Janell M. Bogue
A recent opinion from the Court of Appeal, Fourth Appellate District, Division Two discusses two important CEQA topics: certainty in project descriptions and an EIR’s discussion of alternatives. Save Round Valley Alliance v. County of Inyo (December 17, 2007) 2007 Cal.App.LEXIS 2045.
Continue Reading Of Granny Flats and Land Swaps: Project Descriptions and Alternatives Analysis Under CEQA
By Cori M. Badgley
On January 3, 2008, the Ninth Circuit Court of Appeals in Bering Strait Citizens for Responsible Resource Development v. United States Army Corps of Engineers, No. 07-35506 addressed alleged violations of the Clean Water Act and the National Environmental Policy Act by the United States Army Corps of Engineers. Specifically, the plaintiffs alleged that USACE unlawfully granted a Section 404 permit to the Alaska Gold Company allowing AGC to fill or dredge wetlands and that there were legal deficiencies in the accompanying environmental assessment.
Continue Reading The Gold Rush is Back on in Alaska: Ninth Circuit Upholds USACE Permit Allowing Mining Involving Significant Filling of Wetlands
By Joel Ellinwood, AICP
The Court of Appeal, Fifth Appellate District, continues this year’s deluge of land use and environmental law decisions by revisiting the first principles of planning and zoning law in Neighbors in Support of Appropriate Land Use v. Tuolumne County, filed and certified for publication on December 7, 2007. The court held that a development agreement between the property owner and the County to authorize a use otherwise prohibited in the same zoning district throughout the County violates the uniformity requirement of Government Code section 65852 and is invalid.
Continue Reading If the Zoning Isn’t Uniform, the Court Won’t Salute
By Cori Badgley
While compensation for regulatory takings remains elusive for California landowners, recovery of monetary damages for physical takings is established jurisprudence. In a stunning reminder of the physical/regulatory taking dichotomy, a federal court recently awarded over $36 million dollars in damages against the City of Half Moon Bay (“City”) whose assessment district project created wetlands on private property. The plaintiff’s case was based on theories of inverse condemnation, trespass and nuisance. Further, the court granted injunctive relief against the City from collecting assessments from the plaintiff.
Continue Reading City’s Accidental Creation of Wetlands Leads to Finding of Physical Taking and a $36.8 million Judgment Against City
By Joel Ellinwood, AICP
As the battle of the big boxes continues on the fields of CEQA in the California courts, the Fifth District Court of Appeals reiterated (in an unpublished portion of the opinion) that it will carefully scrutinize evidence petitioners use to support a “fair argument” that a project approved with a Mitigated Negative Declaration (MND) is inadequate without the preparation of a full Environmental Impact Report (EIR). Tuolumne County Citizens for Responsible Growth, Inc. v. City of Sonora…
Continue Reading The Road Not Studied
By Janell M. Bogue
A California appellate court recently addressed the approval of yet another Wal-Mart Superstore, this time in the City of Stockton (“City”). In Stockton Citizens for Sensible Planning v. City of Stockton (November 28, 2007) 2007 Cal.App.LEXIS 1960, the California Court of Appeal, Third Appellate District directed the trial court to set aside the approvals for a 200,000 plus square foot Wal-Mart, which would have been located in Spanos Park West (“Park”). The court held that a letter from the City’s Community Development Director (“Director”) was not an approval by a public agency. Since there was no approval by a public agency, the notice of exemption (“NOE”) was not valid and the short 35-day statute of limitations could not apply.
Continue Reading Invalid Approval Based on Lack of Legal Authority Leads to Invalid Notice of Exemption and Long Statute of Limitations for Challenged Wal-Mart
By Leslie Z. Walker
On November 30, 2007 the San Diego Association of Governments (“SANDAG”) adopted its 2030 Regional Transportation Plan (“RTP”) over Attorney General Jerry Brown’s criticism that the Environmental Impact Report (“EIR”) for the RTP “does not fully address the impacts on global warming of the project.”…
Continue Reading Attorney General Criticizes San Diego’s Smart Growth Strategy for Failure to Fully Address Global Warming Impacts
Abbott & Kindermann, LLP again presents their annual 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, vineyard and winery development, and mining. Water quality and wetlands issues will also be covered. The focus will be on recent developments in case law, statutes and administrative regulations, and how these changes impact your daily business practices. Handouts will be available and there will be ample opportunity for questions.
Date: Thursday, January 24, 2008
Registration: 8:30 a.m. – 9:00 a.m. with continental breakfast
Program: 9:00 a.m. – 12:00 noon
Location: Sacramento Radisson, 500 Leisure Lane
There is no charge for this program and MCLE credit is available.
An RSVP will be required as space is limited. To reserve a spot now, call our office at (916) 456-9595…
Continue Reading Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Abbott & Kindermann, LLP again presents their annual 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, vineyard and winery development, and mining. Water quality and wetlands issues will also be covered. The focus will be on recent developments in case law, statutes and administrative regulations, and how these changes impact your daily business practices. Handouts will be available and there will be ample opportunity for questions.
Date: Thursday, January 24, 2008
Registration: 8:30 a.m. – 9:00 a.m. with continental breakfast
Program: 9:00 a.m. – 12:00 noon
Location: Sacramento Radisson, 500 Leisure Lane
There is no charge for this program and MCLE credit is available.
An RSVP will be required as space is limited. To reserve a spot now, call our office at (916) 456-9595.
Continue Reading Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
