Land Use, Environmental, and Real Estate Law in California
By William W. Abbott, Diane Kindermann, Glen Hansen, Brian Russell and Dan Cucchi
Welcome to Abbott & Kindermann’s 2016 Annual CEQA update. This summary provides links to more in depth case write-ups on the firm’s blog. The case names of the newest decisions start with Section C and are denoted by bold italic fonts.
A.…
Reserve your seat for one of four seminars taking place in early 2017.
In January 2017 Abbott & Kindermann, LLP will present its 16th 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…
Walters v. City of Redondo Beach (2016) 1 Cal.App.5th 809.
By Brian Russell
Auto-Spa applied for a conditional use permit to build a car wash and coffee shop in Redondo Beach, California. The property is zoned commercial. The project consisted of a 90-foot car wash tunnel and an attached coffee shop totaling 4,080 square feet.
Friends of the College of San Mateo Gardens v. San Mateo Community College Dist. (2016) 1 Cal.5th 937.
By William W. Abbott
The California Supreme Court has solved one of CEQA’s great riddles: when a project is modified after the original CEQA documentation and initial project approval, which standard of review applies? In a decision…
Mark your calendar – registration for Abbott & Kindermann’s 16th Annual Land Use, Real Estate, and Environmental Law Update will open on October 18, 2016.
In January 2017 Abbott & Kindermann, LLP will present its 16th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues…
Communities for a Better Environment v. Bay Area Air Quality Management District (2016) 1 Cal.App.5th 715
By Glen Hansen
In Communities for a Better Environment v. Bay Area Air Quality Management District (2016) 1 Cal.App.5th 715 (“Communities”), the Court of Appeal for the First Appellate District affirmed the dismissal of an action…
Friends of the Willow Glen Trestle v. City of San Jose (2016) ___ Cal.App.5th ___.
By Daniel S. Cucchi
As part of its plan to upgrade its trail system, the City of San Jose (the “City”) proposed to demolish the Willow Glen Railroad Trestle (the “Trestle”), a wooden bridge built in 1922 as part of…
No Toxic Air, Inc. v Lehigh Southwest Cement Co. ( 2016) 1 Cal.App.5th 1136
By William W. Abbott
If required due to the complexity of the matter, a prevailing party may be able to recover reasonable legal and paralegal costs incurred in preparing an administrative record required by an action in administrative mandamus.
Project opponents…
Spring Valley Lake Assn. v. City of Victorville (2016) 248 Cal. App. 4th 91
By William W. Abbott
The Tamarisk shopping center project in Victorville consists of 214,596 square feet of commercial retail uses on approximately 23.72 acres of land, currently vacant and undeveloped. Among the project’s proposed commercial retail uses includes a Walmart store …
Bay Area Citizens v. Association of Bay Area Governments (2016) 248 Cal.App.4th 966.
By William W. Abbott
In a case perhaps driven primarily by philosophical considerations, the Court of Appeal (First Appellate District) upheld ABAG’s Sustainable Communities plan (the “Plan”), adopted under the authority of SB 375 (Steinberg). SB 375, adopted in 2008, created…
