In Move Eden Housing v. City of Livermore (2024) 100 Cal.App.5th 263, the First District Court of Appeal held the Livermore City Council’s adoption of a resolution approving a development agreement was a legislative act subject to the referendum power. This case is the latest iteration of a multi-year litigation battle targeting an affordable
Appellate Court Holds Oakland Could Collect Impact Fees Notwithstanding A Prior Agreement With A Developer Detailing What Fees Would Apply To The Development Project
In Discovery Builders, Inc. v. City of Oakland (2023) 92 Cal.App.5th 799, the First District Court of Appeal held an agreement between a developer and the City of Oakland was unenforceable to the extent it prevented the city from imposing new impact fees in the future. The court reasoned such a provision constituted an
First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition
First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition
Continue Reading First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition
The Fifth Appellate District Holds Compliance with Housing Element Law Requires Establishing Zones Exclusively for Low-Income Housing
(Martinez v. City of Clovis (2023) 90 Cal.App.5th 193)
The California Court of Appeal, Fifth Appellate District affirmed the trial court’s ruling that City of Clovis (the “City”) did not substantially comply with the Housing Element Law (“Housing Element Law”).[1] In order to come into compliance with the Housing Element statute, the
The Ninth Circuit Court of Appeals Held the City of Berkeley’s Prohibition of the Installation of Natural Gas Piping in New Construction is Preempted by Congress. (Cal. Restaurant Ass’n v. City of Berkeley (2023) 65 F.4th 1045.)
Cal. Restaurant Ass’n v. City of Berkeley (2023) 65 F.4th 1045.
In the continued effort by cities to require all-electric infrastructure in new buildings, the City of Berkeley (“Berkeley”) adopted an ordinance that prohibited, with some exceptions, natural gas infrastructure in newly constructed buildings (“Ordinance”). Congress adopted the Energy Policy and
The California Supreme Court Held Monterey County’s Prohibition of the Injection of Oil and Gas Wastewater into a Well for Underground Storage or Disposal is Preempted by Public Resources Code section 3106. (Chevron U.S.A. Inc. v. County of Monterey (2023) S271869.)
Chevron U.S.A. Inc. v. County of Monterey
California’s oil and gas operations are governed by Division 3 of the Public Resources Code (§ 3000 et seq.) and its implementing regulations (Cal. Code Regs., tit. 14, § 1712 et seq.). Division 3 addresses various aspects of oil and gas exploration and extraction, including notices of intent
Abbott & Kindermann, Inc. Is Pleased To Announce That Two Of Its Attorneys Have Been Chosen For The 2023 California Super Lawyers List
Two Of Its Attorneys Have Been Chosen For The 2023 California Super Lawyers List
Continue Reading Abbott & Kindermann, Inc. Is Pleased To Announce That Two Of Its Attorneys Have Been Chosen For The 2023 California Super Lawyers List
Emerging Issues in Evaluating Wildfire Impacts under CEQA: A Resource Guide (Updated November 2023)
Emerging Issues in Evaluating Wildfire Impacts under CEQA: A Resource Guide
Continue Reading Emerging Issues in Evaluating Wildfire Impacts under CEQA: A Resource Guide (Updated November 2023)
Like A Phoenix Rising, A Recorded 1869 Subdivision Map Forms A Partial Foundation To Support The Creation Of Separate Legal Parcels In Later Transactions (Updated November 2023)
Like A Phoenix Rising, A Recorded 1869 Subdivision Map Forms A Partial Foundation To Support The Creation Of Separate Legal Parcels In Later Transactions
Continue Reading Like A Phoenix Rising, A Recorded 1869 Subdivision Map Forms A Partial Foundation To Support The Creation Of Separate Legal Parcels In Later Transactions (Updated November 2023)
The First Appellate District Held City of Oakland’s Waterfront Ballpark District Project EIR Was Adequate Except For The Wind Mitigation Measure
The First Appellant District Held City of Oakland’s Waterfront Ballpark District Project EIR Was Adequate Except For The Wind Mitigation Measure
Continue Reading The First Appellate District Held City of Oakland’s Waterfront Ballpark District Project EIR Was Adequate Except For The Wind Mitigation Measure