In Committee to Relocate Marilyn v. City of Palm Springs (2023) 88 Cal.App.5th 607, the Fourth Appellate District addressed Palm Springs’ decision to interpret Vehicle Code section 21101 to allow the temporarily closure of City streets for short-term events including holiday parties, neighborhood street fairs, and block parties. The court also addressed the statute

In Make UC A Good Neighbor v. Regents of University of California (2023) 88 Cal.App.5th 656, the First Appellate District grappled with a university EIR that served two purposes:  a long range development plan (“LRDP”) and a specific campus housing project.  The LRDP serves as a master plan document for higher education facilities in

Welcome to Abbott & Kindermann’s 2022 4th Quarter cumulative CEQA update. This summary provides more in-depth case write-ups on the firm’s blog.

Over 40-years old, CEQA requires lead agencies to prepare environmental documents prior to granting discretionary approvals.  CEQA documents are subject to numerous court decisions applying case law and the CEQA Guidelines.  (Pub. Res.

Reserve your seat for our annual in-person and virtual conferences taking place in early 2023.

In February of 2023, Abbott & Kindermann, Inc. will present its 22nd annual in-person, as well as virtual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture

The Court of Appeal issues a significant published opinion in favor of a local government in a lawsuit that challenged legislatively imposed and under the development impact fees under the federal regulatory takings criteria in Nollan/Dolan, requirements of the state’s Mitigation Fee Act.
Continue Reading California Court of Appeal Issues Wide-Ranging Takings Decision on The Constitutionality of Development Impact Fees

Lafayette v. City of Lafayette (2022) 2022 Cal.App.LEXIS 979

A citizens’ group (Save Lafayette) petitioned for a Writ of Mandate, claiming that the project conflicts with the City’s General Plan as it existed when the project was revived in 2018.  The trial court denied the petition and the appellate court ruled that despite the lengthy

The Governor recently signed AB 2011 and SB 6 which authorizes specified housing development projects to be a use by right on specified sites zoned for retail, office, or parking.   Both bills take effect on July 1, 2023.   In a nutshell the two bills – AB 2011, known as the “Affordable Housing and High Road

The Housing Accountability Act (HAA) (Government Code § 65589.5) was enacted 40 years ago as part of a broad legislative efforts to address California’s housing crises.  HAA was designed to significantly increase the approval and construction of new housing for all economic segments of California’s communities by meaningfully and effectively curbing the capability of local

Abbott & Kindermann, Inc. is pleased to announce that Patrick L. Enright has joined the firm as Senior Counsel. Patrick Enright has 25 years of experience in land use, environmental and real estate law. Mr. Enright served as City Attorney for the cities of South Lake Tahoe and Atascadero and has represented private developers in