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Agreement to Extend Statute of Limitations for CEQA Claim Was Ineffective Because It Did Not Include an Indispensable Party

The Court of Appeal held that a CEQA challenge to a decision approving removal of trees adjacent to PG&E gas pipelines was time-barred because an agreement to toll the statute of limitations did not include PG&E, which was an...more

Deliberate Delay in Prosecuting Brown Act Claims Warranted Dismissal Under Laches Doctrine

Plaintiff’s Brown Act claims were barred because unreasonable delay in prosecuting the lawsuit substantially prejudiced parties and the general public. Julian Volunteer Fire Company Association v. Julian-Cuyamaca Fire...more

Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim

Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No....more

Judgment Against Plaintiffs’ Predecessors-in-Interest Fixed Tidelands Boundaries, Barring Plaintiffs’ Quiet Title and Inverse...

The court of appeal held that plaintiffs’ inverse condemnation and damages claims based on dredging in the bay adjacent to their properties was barred under the doctrine of res judicata based on a 1931 judgment conclusively...more

Untimely CEQA Suit Barred Regardless of Substantive Merits

The court of appeal held that CEQA claims filed more than 30 days after the City filed a facially valid Notice of Determination were barred by the statute of limitations regardless of whether the agency lacked authority to...more

Mitigated Negative Declaration Inadequate for Mixed-Use Project

The Second District Court of Appeal held that a project’s potentially significant environmental impacts required preparation of an EIR rather than the mitigated negative declaration adopted by the City. Save the Agoura...more

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