Land Use, Environmental, and Real Estate Law in California
Reserve your seat for one of three seminars taking place in early 2020.
In January 2020 Abbott & Kindermann, Inc. will present its 19th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture, real estate transactions, easements, mining and the…
Reserve your seat for one of three seminars taking place in early 2020.
In January 2020 Abbott & Kindermann, Inc. will present its 19th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture, real estate transactions, easements, mining and the…
By William W. Abbott & Kristen Kortick
City of Hesperia v. Lake Arrowhead Community Services District (2019) 37 Cal.App.5th 734.
In City of Hesperia v. Lake Arrowhead Community Services District (2019) 37 Cal.App.5th 734, the 4th Appellate District affirmed a writ of mandate issued to Lake Arrowhead Community Services District (“District”) directing…
Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles (2019) 37 Cal.App.5th 768
The Court of Appeal affirmed the trial court’s denial of a writ of mandate demanding the City of Los Angeles (“City”) prepare an EIR for the conversion of a former rental apartment building into a hotel. The Court held that as…
Shirli Fabbri Weiss v. City of Del Mar (2019) Cal.App. LEXIS 834
Litigation challenging a land use decision is subject to short statute of limitations. While Government Code section 65009 sets forth several different time frames depending upon the legal theory, subdivision (c) requires a plaintiff to file and serve the complaint and summons within…
In Union of Medical Marijuana Patients, Inc. v. City of San Diego (2019) Cal. LEXIS 6005, the California Supreme Court tackled the illusive question of when is a discretionary action which does not qualify for exemption, “not a project”. Like many other CEQA judicial decisions, the answer does not involve a bright line test.…
Stopthemillenniumhollywood.com et al., v. City of Los Angeles et al. 2019 Cal.App. LEXIS 780
In Stopthemillenniumhollywood.com et al., v. City of Los Angeles et al. 2019 Cal.App. LEXIS 780, the Court of Appeal delivered a setback to mixed use proposals by invalidating an EIR lacking a specific development proposal, but which evaluated different land…
Sacramentans for Fair Planning v. City of Sacramento (2019) 2019 Cal.App. LEXIS 646
The City of Sacramento, a charter city, approved a fifteen-story mixed use project in its Midtown area, significantly in excess of its adopted height and FAR standards. This approval was based upon a general plan policy which stated, “The City may allow…
York v. City of Los Angeles (2019) 33 Cal.App.5th 1178
The Court of Appeal for the Second Appellate District held that property owners whose request to grade almost 80,000 cubic yards on their property was denied by a city, but who submitted no other alternative grading proposal in connection with their plans to build a…
By William Abbott and Kristen Kortick
Berkeley Hills Watershed Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880.
Real parties filed for approvals to construct three homes on contiguous parcels in Berkeley hills. The City Board of Zoning Adjustment found that the proposed construction qualified for a Class 3 exemption (new construction of…
