In 2016, U.S. Supreme Court Justice Clarence Thomas issued this warning about legislative exactions: “Until we decide this issue, property owners and local governments are left uncertain about what legal standard governs legislative ordinances and whether cities can legislatively impose exactions that would not pass muster if done administratively.” He stated there are “compelling reasons
Local Government
Hold That Text!! Public Officials’ Communications About Public Matters On Private Accounts are Subject to Disclosure Under the California Public Records Act
Posted on
Posted in Local Government
By Daniel S. Cucchi
City of San Jose v. Superior Court (March 2, 2017, S218066) ___ Cal.5th ___.
Citing the need to broaden the definition of “public records” to address the “evolving methods of electronic communication,” a unanimous California Supreme Court reversed the Sixth District Court of Appeal, holding that communications related to the “conduct…
Last Minute Memorandum of Understanding Undermines Town’s Adoption of Resolutions Calling for Special Election
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Posted in Local Government
By Daniel S. Cucchi
Hernandez v. Town of Apple Valley (2017) 7 Cal.App.5th 194
In 2011, the Town of Apple Valley (the “Town”) circulated a local initiative called the “Wal-Mart Initiative Measure,” or in some cases the “Wal-Mart Supercenter Ballot Initiative,” which was subsequently declared null and void. Two years later, the Town noticed a…
REGISTER TODAY! Abbott & Kindermann’s 16th Annual Land Use, Real Estate, and Environmental Law Update
Posted in Air Quality, CEQA, Easements, Endangered Species, Events, Local Government, Real Estate, Subdivision Map Act
Reserve your seat for one of four seminars taking place in early 2017.
In January 2017 Abbott & Kindermann, Inc. 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…
REGISTER TODAY! Abbott & Kindermann’s 16th Annual Land Use, Real Estate, and Environmental Law Update
Posted in A&K News, Air Quality, CEQA, Climate Change, Easements, Endangered Species, Events, Local Government, Real Estate
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…
Speculation Concerning Potential Impacts Insufficient To Defeat Use Of A Categorical Exemption
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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.
SAVE THE DATE! Abbott & Kindermann’s 16th Annual Land Use, Real Estate, and Environmental Law Update
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…
COURT CLARIFIES HOW INDIRECT COSTS OF PROVIDING GOVERNMENT SERVICES SHOULD BE CALCULATED FOR DETERMINING THE FEES CHARGED FOR THOSE SERVICES
Posted in Local Government
By Glen C. Hansen
California Public Records Research, Inc. v. County of Stanislaus (2016) 246 Cal.App.4th 1432.
In California Public Records Research, Inc. v. County of Stanislaus (2016) 246 Cal.App.4th 1432, plaintiff California Public Records Research, Inc., sought a writ of mandate to compel the County of Stanislaus to reduce the fees it charges …
Agency’s Historical Resource Determinations Subject to Deferential Substantial Evidence Review Standard
Posted in CEQA, Local Government
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…
City Elimination Of Minimum Densities Not Exempt From CEQA Review
Posted in CEQA, Local Government
People for Proper Planning v. City of Palm Springs (April 22, 2016, E062725) ____ Cal.App.4th ____.
By William W. Abbott
In 2013, the City of Palm Springs amended its general plan to remove any mention of minimum densities in the residential land districts. The text of the general plan in some residential districts provided…