The City of Thousand Oaks violated the Ralph M. Brown Act by adopting a CEQA exemption without having listed the exemption as an item on its agenda for at least 72 hours before the meeting. G.I. Industries v. City of Thousand...more
The Court of Appeal held that an action to set aside an ordinance restricting short-term vacation rentals on the ground of failure to obtain a Coastal Development Permit (CDP) was barred by the 90-day statute of limitations...more
The Second District Court of Appeal held that a Board of Supervisors decision on the appeal of a conditional use permit from the Planning Commission was untimely under the County Code and hence that the Planning Commission’s...more
A court of appeal invalidated a water district’s adopted rate increases, concluding that the district failed to meet its burden under Proposition 218 of establishing that the increases did not exceed the cost of providing the...more
As part of a series of emergency measures in response to the COVID-19 pandemic, Governor Newsom signed Executive Order N-29-20, allowing local and state agencies to hold virtual meetings via teleconference and to make...more
6/8/2021
/ California ,
Coronavirus/COVID-19 ,
Executive Orders ,
Extensions ,
Government Agencies ,
Governor Newsom ,
Open Meetings Act ,
Ralph M. Brown Act ,
State and Local Government ,
Teleconferences ,
Virtual Meetings
In March 2020, as part of a series of emergency measures in response to the COVID-19 pandemic, Governor Newsom signed Executive Order N-29-20, allowing local and state agencies to hold virtual meetings via teleconference and...more
The Court of Appeal held that an agreement obligating a developer and city to indemnify LAFCO against claims arising from its annexation decision lacked consideration because the agreement simply required LAFCO to do what it...more
The Court of Appeal upheld a Coastal Commission cease-and-desist order requiring demolition of a seawall and payment of a $1 million penalty by homeowners who performed major reconstruction on their coastal home without...more
The Ninth Circuit rejected a Fourth Amendment challenge to the City of San José’s Apartment Rent Ordinance, ruling that the plaintiff landlords had failed adequately to allege a reasonable expectation of privacy in the...more
A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the...more
12/4/2020
/ Appellate Courts ,
Competitive Bidding ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contractors ,
Disgorgement ,
Local Ordinance ,
Mootness ,
Public Bidding ,
Remand ,
Reversal ,
School Districts ,
State and Local Government
An agency’s duty to preserve documents for inclusion in the record of proceedings under CEQA prevails over a local agency’s document retention and destruction policies. Golden Door Properties v. Superior Court (County of San...more
The Court of Appeal held that where a city councilmember’s actions evinced bias toward the project, the applicant did not receive a fair hearing and the City Council’s denial of a conditional use permit would be set aside....more
Land Use and Development Case Summaries (short form) -
1. PLANNING AND ZONING -
CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY,
26 Cal. App. 5th 689 (2018) -
Based on the language and...more
1/29/2019
/ Anti-SLAPP ,
Appeals ,
Building Permits ,
Building Standards ,
CA Supreme Court ,
California Coastal Commission ,
CEQA ,
Clean Water Act ,
Coastal Real Estate ,
Density Bonus ,
Discharge of Pollutants ,
Endangered Species ,
Environmental Impact Report (EIR) ,
Exemptions ,
Fully Protected Species ,
General Plan ,
Homeowners ,
Housing Developers ,
Housing Market ,
Impact Fees ,
Land-Use Permits ,
Legislative Agendas ,
Migratory Bird Treaty Act (MBTA) ,
Mitigated Negative Declaration ,
New Legislation ,
Property Owners ,
Real Estate Development ,
Referendums ,
Regulatory Takings ,
School Districts ,
State and Local Government ,
Subdivision Map Act ,
Sustainability ,
Traffic Impact Assessments ,
Urban Planning & Development ,
Waters of the United States ,
Wetlands ,
Zoning Laws