View a summary of 2011 Greatest Hits legislation released by Peter M. Detwiler, Consultant, Senate Governance & Finance Committee, State Capitol, Sacramento, California.
Continue Reading 2011 Greatest Hits List Released by Senate Governance & Finance Committee
Local Government
Fire Protection Assessments Fail Prop. 218 Challenge
Court invalidates fire protection assessments in a Prop. 218 challenge: lack of special benefits.
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Vested Rights Class at UC Davis Extension August 18, 2011
Please join William W. Abbott and Steven Rudolph on August 18, 2011 from 9:00 AM to 4:30 PM for an in depth look at the art of crafting development agreements in their UC Davis Extension course, Vested Rights, Vesting Maps and Development Agreements.
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2011 CEQA MID-YEAR UPDATE
Abbott & Kindermann, LLP’s Mid-Year CEQA Update reviews the seven cases issued to date.
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Legal Challenges to Land Use Decisions Governed By Strict Statutes Of Limitation, Including Those Based Upon Non Compliance with the Housing Element Requirements
Posted in Local Government, Planning, Zoning, & Development
Legal challenges for non compliance with state affordable housing laws governed by relatively short statute of limitations periods.
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Regulation Of Recreational Vehicle Storage On Residential Property For Aesthetic Reasons Is Within A City’s Constitutional Police Powers
Posted in Local Government
A city ordinance that regulated the storage of recreational vehicles on residential property for aesthetic reasons was within the city’s constitutional police powers.
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Map Didn’t Constitute Admissible Parol Evidence; Berm Maintenance Requirement Falls on the City
Posted in Local Government, Planning, Zoning, & Development
In the case of Coronado Cays Homeowners Association v. City of Coronado (2011) ___ Cal. App.4th ___, 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.
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Medical Marijuana Dispensaries 0 for 3 Against Local Government
Posted in Local Government, Planning, Zoning, & Development
A medical marijuana dispensary fights to invalidate the County of Los Angeles’ ordinance regulating dispensaries, but the appellate court finds in favor of the county.
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The Normal Rules Don’t Apply When it Comes to Affordable Housing Projects
By Cori Badgley
After a challenge based on the density bonus law and the California Environmental Quality Act (CEQA), a mixed-use affordable housing or senior affordable housing project (depending on what the developer chooses) in the City of Berkeley can move forward. In Wollmer v. City of Berkeley (March 30, 2011, Case No. A128121), the court held that the city properly applied density bonuses to the project and the categorical infill exemption under CEQA.Continue Reading The Normal Rules Don’t Apply When it Comes to Affordable Housing Projects
If You Don’t Like What You See, Don’t Look
Posted in Local Government
By Leslie Z. Walker
The First Amendment Free Speech clause states, “Congress . . . shall make no law . . . abridging the freedom of speech.” The political and moral conduct of the United States and its citizens, the fate of our Nation, homosexuality in the military and scandals involving the Catholic clergy, are matters of public import meriting the protection of the Free Speech Clause. In Snyder v. Phelps (2011) 562 U.S. ____ 131 S. Ct. 1207, the Supreme Court found that members of Westboro Baptist Church picketing the funeral of a soldier killed in Iraq were entitled to special protection under the First Amendment because the picketing was done at a public place on a matter of public concern.Continue Reading If You Don’t Like What You See, Don’t Look