By William W. Abbott

California land use law, as we know it today, has evolved over a 40 year time period. One notable feature of this body of law is, when compared to the overall body of civil law, the relatively short filing period for bringing legal challenges. The California Environmental Quality Act ("CEQA") potentially has the shortest time period of 30 days, depending upon the fact pattern. For legal challenges alleging non compliance with provisions of the state Planning, Zoning and Development law, the relevant statutes are slightly longer at 90 days, however the Legislature has created an even longer filing period based upon challenges under the affordable housing laws. A recent decision of the Fourth Appellate District illustrates the overlapping and potentially conflicting application of the various statutes. Haro v. City of Solano Beach (2011) ____ Cal.App.4th ____.

Continue Reading Legal Challenges to Land Use Decisions Governed By Strict Statutes Of Limitation, Including Those Based Upon Non Compliance with the Housing Element Requirements

By Cori M. Badgley 

In City of Los Angeles v. Superior Court (2011) 194 Cal.App.4th 210, plaintiffs argued that the city’s actions of purchasing properties in areas near the LAX airport and then demolishing the buildings constituted inverse condemnation of adjacent properties owned by plaintiffs. The court, however, was not persuaded, and plaintiffs’ suit was dismissed.

Continue Reading That’s the Way the Buildings Crumble: City’s Purchase and Demolition of Adjacent Buildings is Not a Taking

By Leslie Z. Walker

In Santa Monica Baykeeper v. City of Malibu (2011) 193 Cal.App.4th 1538, Santa Monica Baykeeper (“Baykeeper”) challenged the City of Malibu’s adoption of an Environmental Impact Report (“EIR”) and approval of the Legacy Park project. Legacy Park is a clean water project located in Malibu, near Surfrider Beach. Baykeeper challenged the project alleging the EIR failed to analyze 1) construction related project impacts; 2) the impact of using treated effluent from the adjoining Malibu Lumber Yard; and 3) the cumulative groundwater impacts. The trial court denied the writ. On appeal, the City argued the case was moot because the project construction was completed during the pendency of the appeal. The Court of Appeal found the case was moot as to the first issue, construction related impacts, but not as to the second and third issues. The appellate court upheld the trial court’s denial of the writ as to the second and third issues, finding Baykeeper failed to demonstrate the City had abused its discretion.

Continue Reading No Discharge, No Cumulative Impact

By Glen C. Hansen

In Cedar Fair, L.P. v. City of Santa Clara (2011) ___ Cal.App.4th ___, 2011 Cal.App.LEXIS 506, the Court of Appeal for the Sixth Appellate District held that, when a city and its redevelopment agency entered into a long and detailed “term sheet” for the development of a professional football stadium development project, the public agencies did not “approve” the project for purposes of environmental review under the California Environmental Quality Act, because the term sheet did not commit the public agencies to a definite course of action with respect to the development of the stadium or effectively rule out any mitigation measure or alternative.

Continue Reading A Very Detailed Agreement In The Process Of Negotiating A Development Project May Not Constitute An Approval For CEQA Environmental Review Purposes

By Cori M. Badgley

In order to avoid having your takings claim dismissed, your timing has to be just right. Unfortunately for Colony Cove Properties, LLC (“Colony Cove”), the timing was off, and its takings claim was dismissed by the court for being both too late (facial challenge) and too early (as-applied challenge).

Continue Reading Timing is Everything: Ninth Circuit Dismisses Takings Claims for Being Both Too Late and Too Early

By Glen C. Hansen

In Disney v. City of Concord (2011) ___ Cal.App.4th ___, 2011 Cal.App. LEXIS 520, the Court of Appeal for the First Appellate District held that a city ordinance that regulated the storage of recreational vehicles on residential property for aesthetic reasons was within the city’s constitutional police powers.

Continue Reading Regulation Of Recreational Vehicle Storage On Residential Property For Aesthetic Reasons Is Within A City’s Constitutional Police Powers

By William W. Abbott

The Fifth Appellate District showed pragmatism and practicality the exit door in a recent CEQA decision involving an approval by the Board of Trustees of California State University Fresno. In Landvalue 77, LLC v. Board of Trustees of California State University 2011 Cal.App. Unpub. LEXIS 1312, the disputed project involved land owned by the University. The University in turn leased the property to an associated University foundation, who then ground leased the property to a developer for a mixed use project. In the ensuing legal challenge to the project approval by entities owning and managing a nearby commercial center, the trial court and appellate court addressed both conflict of interest issues (the effect of a trustee to hold an economic interest in a cinema sublease) as well as CEQA compliance. Only a portion of the appellate decision is published, that dealing with the appropriate actions to be taken by the trial court once it finds a violation of CEQA.

Continue Reading CEQA Remedies for CEQA Sins

By Glen C. Hansen

In Main Street Plaza v. Cartwright & Main, LLC (2011) ___ Cal.App.4th ___, 2011 Cal.App. LEXIS 499, the Fourth Appellate District held that a defendant property owner was not entitled to a summary judgment on the plaintiffs’ claim of a prescriptive easement over an alleyway on defendant’s property, where the plaintiffs did not pay taxes on a separately assessed railway easement that ran along the same land as the alleyway, and where the railway easement and the prescriptive easement were not coextensive in use.

Continue Reading “Payment of Taxes May Be Required For A Prescriptive Easement, But Only If Defendant Can Prove The Easement Has Been Separately Assessed”

By Katherine J. Hart

In Coronado Cays Homeowners Association v. City of Coronado (2011) ___ Cal. App.4th ___, the City of Coronado (“City”) appealed a trial court’s grant of declaratory relief to the Coronado Cays Homeowners Association (“Association”) regarding the question of whether the City or the Association was required to maintain a berm[1] in the Coronado Cays subdivision canal pursuant to the terms of a special use permit granted in 1968 and a parcel map. In upholding the trial court’s determination, the Court of Appeal, Fourth Appellate District, held that the subdivision map was not ambiguous as to the term “ancillary structures” and that the berm in question did not constitute an “ancillary structure.” Thus, the City, not the Association, was required to maintain the berm.

Continue Reading Map Didn’t Constitute Admissible Parol Evidence; Berm Maintenance Requirement Falls on the City