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By Cori Badgley

In 2009, a three-judge panel for the Ninth Circuit Court of Appeals made a controversial determination that a rent control ordinance relating to mobilehome parks constituted a regulatory taking. (See “Take This! Wealth-Transfer under Rent Control Ordinance Constitutes a Regulatory Taking.”) In 2010 in Guggenheim v. City of Goleta (December 22, 2010, No. 06-56306) __ F.3d __ (“Guggenheim II”), the Ninth Circuit Court of Appeals sitting en banc reversed its previous decision, holding that the plaintiffs had no distinct investment-backed expectations when they purchased the property. Therefore, the rent control ordinance did not constitute a taking of their property.Continue Reading You Get What You Pay For: Rent Control Ordinance Upheld by Ninth Circuit

Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update

Reserve your seat for one of three seminars taking place in 2011.

In January and February 2011 Abbott & Kindermann, LLP will present its annual complimentary educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, real estate acquisition, easements, leasing and property acquisition, and mining.
Continue Reading REMINDER! Save the Date!

In the much anticipated opinion of Building Industry Association of Central California v. County of Stanislaus, et al.(November 29, 2010, F058826), by the California Court of Appeal, Fifth District, the Court reversed the trial court’s ruling to invalidate the Farmland Mitigation Program (“FMP”) adopted as an update to the County of Stanislaus’ (“County”) agricultural element of the County’s general plan.
Continue Reading Appellate Court Upholds 1:1 Agricultural Lands Mitigation

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.
Continue Reading Commercial Logging on Forest Lands Upheld by Ninth Circuit

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.
Continue Reading Sacramento County Climate Action Plan – Part Two