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
Zoning
Hold That Text!! Public Officials’ Communications About Public Matters On Private Accounts are Subject to Disclosure Under the California Public Records Act
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
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
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…
Minor Changes In Project Did Not Invalidate An EIR. Failure To Justify A Different Threshold Of Significance For Downtown Intersections Result In EIR Being Set Aside.
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…
REGISTER TODAY! Abbott & Kindermann’s 16th Annual Land Use, Real Estate, and Environmental Law Update
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
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…
Appellate Court Permits The Real Party In Interest To Recover Attorney And Paralegal Costs Incurred In Preparing The Administrative Record In A SMARA Vested Rights Proceeding
No Toxic Air, Inc. v Lehigh Southwest Cement Co. ( 2016) 1 Cal.App.5th 1136
By William W. Abbott
If required due to the complexity of the matter, a prevailing party may be able to recover reasonable legal and paralegal costs incurred in preparing an administrative record required by an action in administrative mandamus.
Project opponents…
Plan Bay Area EIR and Sustainable Communities Plan Upheld
Bay Area Citizens v. Association of Bay Area Governments (2016) 248 Cal.App.4th 966.
By William W. Abbott
In a case perhaps driven primarily by philosophical considerations, the Court of Appeal (First Appellate District) upheld ABAG’s Sustainable Communities plan (the “Plan”), adopted under the authority of SB 375 (Steinberg). SB 375, adopted in 2008, created…