• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more
9/10/2018
/ Appeals ,
Ballots ,
CA Supreme Court ,
CEQA ,
Development Agreements ,
General Plan ,
Local Ordinance ,
Municipalities ,
Preemption ,
Property Owners ,
Referendums ,
Remand ,
Reversal ,
State and Local Government ,
Vacated ,
Zoning Laws
• In Northern California Water Association et al. v. State Water Resources Control Board et al., the California Third District Court of Appeal rejected challenges to a new annual fee on water right permit and license holders...more
3/30/2018
/ Annual Regulatory Fees ,
Appeals ,
Burden of Proof ,
Bureau of Reclamation ,
In-Lieu Fees ,
Land Developers ,
Permits ,
Property Owners ,
Public Agencies ,
Reversal ,
Supremacy Clause ,
Vetting ,
Water Resources Control Board ,
Water Rights ,
Water Supplies
• In Visalia Retail, LP v. City of Visalia, the California Court of Appeal has rejected a challenge brought under the California Environmental Quality Act (CEQA) to a land use policy in the City of Visalia's General Plan...more
2/8/2018
/ CEQA ,
City Planning Departments ,
Commercial Real Estate Market ,
Commercial Use ,
Environmental Impact Report (EIR) ,
General Plan ,
Land Developers ,
Property Dedication ,
Property Owners ,
State and Local Government ,
Urban Planning & Development
In Lynch v. California Coastal Comm'n, __ Cal.5th __, No. S221980, 2017 WL 2871762, 2017 Cal. LEXIS 5054 (Cal. July 6, 2017), the Supreme Court of California held that the owners of bluff-top residences along the California...more
In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S.S.C. June 23, 2017), the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings:...more
6/30/2017
/ City Planning Departments ,
Common Ownership ,
Fifth Amendment ,
Just Compensation ,
Land Developers ,
Land Parcels ,
Murr v Wisconsin ,
Private Property ,
Property Owners ,
Reasonable Expectations Test ,
Regulatory Takings ,
SCOTUS ,
State and Local Government ,
Takings Clause ,
Zoning Laws