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In Make UC A Good Neighbor v. Regents of University of California (2023) 88 Cal.App.5th 656, the First Appellate District grappled with a university EIR that served two purposes:  a long range development plan (“LRDP”) and a specific campus housing project.  The LRDP serves as a master plan document for higher education facilities in…

Lafayette v. City of Lafayette (2022) 2022 Cal.App.LEXIS 979

A citizens’ group (Save Lafayette) petitioned for a Writ of Mandate, claiming that the project conflicts with the City’s General Plan as it existed when the project was revived in 2018.  The trial court denied the petition and the appellate court ruled that despite the lengthy…

PRIVATE LAND USE SETTLEMENTS: The potential fallout when a private side settlement agreement fails to settle your legal woes.

In 2010, the County of San Benito granted a conditional use permit for a solar project to the Panoche Valley Solar, LLC.  The project was a 3,200 acre, 399-megawatt solar electric generation facility involving up to…

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…

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…

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…

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…

East Sacramento Partnerships for a Livable City v. City of Sacramento (2016) 5 Cal.App.5th.281.

By William W. Abbott

Note: Requests for depublication have been filed with the California Supreme Court.  The court extended time to review these request until March 17, 2017.

Judicial deference and absence of prejudice were the continuing themes in the recent…

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…