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Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Reserve your seat for one of three seminars taking place in 2011.
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& Development
Forgive Me Father, for I Have Violated the Zoning Ordinance
Posted in Local Government, Planning, Zoning, & Development
A county was entitled to a preliminary injunction against a church operating a school without a required conditional user permit.
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Got Ink?
Posted in Planning, Zoning, & Development
Tattoos: First amendment protected speech. A city ordinance effectively banning tattoo parlors oversteps constitutional limits protecting freedom of expression.
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Commercial Logging on Forest Lands Upheld by Ninth Circuit
Posted in NEPA, Planning, Zoning, & Development
In League of Wilderness Defenders-Blue Mountains Biodiversity Project v. Allen, the Ninth Circuit Court of Appeals focused on two well-known principles of environmental review: 1) cumulative impacts may be evaluated using an aggregate effects approach; and 2) an agency is only required to adequately acknowledge and respond to comments raised by opposing parties, including opposing expert analysis.
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Grazing Cattle and the BLM’s Violation of NEPA and ESA
By Emilio Camacho and Cori Badgley
The Ninth Circuit concludes that major agencies violate NEPA and ESA when they fail to consider and adequately respond to relevant expert analysis.
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Sacramento County Climate Action Plan – Part Two
By Emilio Camacho & Leslie Walker
The County of Sacramento kicked off Phase 2 of the Climate Action Plan development at a workshop on Wednesday, August 25, 2010. Phase 2 will develop strategies to implement the Climate Action Plan (CAP), a comprehensive plan for becoming more resource efficient and reducing greenhouse gas (GHG) emissions, originally released in May 2009.
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Police Power Gives Cities Wide Discretion in Enforcing Billboard Bans
Posted in Local Government, Planning, Zoning, & Development
Companies lose the battle to erect billboards on freeways and supergraphic and off-site billboards.
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Arbitration Clause in Condominium Project CC&Rs Unenforceable in Construction Defects Action by Homeowners’ Association against Developer
Posted in Real Estate, Redevelopment
By Glen Hansen
In Pinnacle Museum TowerAssn. v. Pinnacle Market Development (UC), LLC (D055422, July 30, 2010), 2010 Cal.App. LEXIS 1261, the California Court of Appeal for the Fourth Appellate District held that an arbitration provision in a declaration of covenants, conditions and restrictions (CC&R’s) recorded by a condominium project developer did not constitute an “agreement” sufficient to waive the constitutional right to jury trial for construction defect claims brought by the homeowners association against the developer.Continue Reading Arbitration Clause in Condominium Project CC&Rs Unenforceable in Construction Defects Action by Homeowners’ Association against Developer
Racing to the Starting Line; Competing Permit Applications and First Amendment Activities
Posted in Planning, Zoning, & Development
By Katherine J. Hart
This case involves a request for a permit to operate an adult cabaret and the interpretation of the City of Stanton “sensitive use ordinance.”Continue Reading Racing to the Starting Line; Competing Permit Applications and First Amendment Activities
Article XXXIV Voter Requirements Inapplicable to Senior Housing Project Owned by a City Formed Non-Profit Public Benefit Corporation
Posted in Local Government, Redevelopment
Use of redevelopment funds by a city formed non-profit to acquire and develop school administrative buildings and a senior housing project with units reserved for 16 percent low and very moderate income residents was a valid use of redevelopment funds and did not require an Article XXXIV voter approval.
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