News & Analysis as of

Local Ordinance Appeals State and Local Government

McGuireWoods LLP

Arlington Missing Middle Ordinance is Void Again — For Now

McGuireWoods LLP on

In another twist to Arlington’s Missing Middle saga, on July 8, 2025, the Virginia Court of Appeals set aside its ruling from two weeks earlier reinstating Arlington County’s Expanded Housing Option (EHO) ordinance and...more

Snell & Wilmer

Arizona Supreme Court to Address the Scope of Citizens’ Rights to Propose Local Ballot Measures

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In the forthcoming case of Roundtree v. City of Page,2 the Arizona Supreme Court will weigh in on a reoccurring political issue that bubbles up in cities and towns across the state: under what circumstances does a proposed...more

Perkins Coie

Athletic Field Lighting Project Not Categorically Exempt from CEQA

Perkins Coie on

The First District Court of Appeal overturned the City of San Francisco’s decision that Saint Ignatius High School’s project to install four permanent 90-foot-tall athletic field lights was exempt from CEQA.  Saint Ignatius...more

Perkins Coie

City of Davis Did Not Err in Finding Mixed-Use Project Consistent With General Plan

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The court of appeal held that the City’s determination that a mixed-use development project was consistent with applicable general plans policies and standards was supported by substantial evidence. Old East Davis...more

Perkins Coie

California River Watch v. Vacaville: “A Better Considered Position” Under RCRA

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit, on July 1, 2022, took the extraordinary step of reversing its prior decision in California River Watch v. City of Vacaville. The Ninth Circuit ruled that “transportation” under...more

Perkins Coie

Ban on Short-Term Rentals Required Coastal Commission Approval

Perkins Coie on

The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that...more

Perkins Coie

Action Challenging Restrictions on Short-Term Vacation Rentals Was Barred by 90-Day Statute of Limitations

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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

Farrell Fritz, P.C.

Court of Appeals Affirms Appellate Division Decision Invalidating Town's Discharge Ordinance

Farrell Fritz, P.C. on

In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of Smithtown that the Town may not regulate discharge setbacks for bow and arrow in a manner inconsistent with...more

Perkins Coie

Board of Supervisors Decision on CUP Invalid for Failure to Act Within Time Limits Set by County Code

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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

Perkins Coie

State Density Bonus Law Does Not Require Applicants to Demonstrate Economic Feasibility of Project When Requesting Incentives

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A Court of Appeal held that the state’s density bonus law (Gov’t Code § 65915) does not require applicants to submit financial information to support requests for incentives or waivers and preempted a city ordinance that...more

Perkins Coie

CEQA Existing Facilities Exemption Inapplicable to Unlined Landfills and Exhaustion of Administrative Remedies not Required Where...

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A California Court of Appeal held that CEQA’s issue exhaustion requirement did not preclude a challenge to Inyo County’s exemption determinations for condemnation proceedings and expanded operation of unlined landfills...more

Sheppard Mullin Richter & Hampton LLP

Association of Bay Area Governments Formally Denies Nearly All Regional Housing Needs Allocation Appeals

On Friday, November 12, 2021, the Association of Bay Area Government’s (“ABAG’s) Administrative Committee formally denied 27 out of 28 appeals of draft housing allocations filed by local jurisdictions within the Bay Area...more

Perkins Coie

Water District Rate Increases Violated Proposition 218

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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

Perkins Coie

Agreement to Indemnify LAFCO Against Claims Arising from Annexation Decision Was Unenforceable as Lacking Consideration

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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

Holland & Knight LLP

Is It Legal to Require Indemnification on Project Application or as Condition of Approval?

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Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant...more

Allen Matkins

Court of Appeal Upholds Water Boards’ Analysis of Economic Considerations Regarding Los Angeles County MS4 Permit

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A regional water board is not required to estimate the compliance costs for individual permittees before issuing a permit. City of Duarte v. State Water Resources Control Board, 60 Cal. App. 5th 258 (2021)...more

Perkins Coie

Regional Water Quality Control Board Unlawfully Delegated Authority to Modify Effluent Limits Under Discharge Permit

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A California Court of Appeal invalidated a wastewater discharge permit issued by the Central Valley Regional Water Quality Control Board that the court found impermissibly delegated to the Board’s executive officer the...more

Butler Snow LLP

Age is Just a Number: Tennessee Court of Appeals Highlights the Importance of Keeping Age Out of the Termination Equation

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The Tennessee Human Rights Act prohibits covered employers from discriminating against employees forty years old or older because of their age. In a recent case, the Tennessee Court of Appeals provided a reminder that other...more

Perkins Coie

Fifth Appellate District Agrees that Special Taxes Enacted by Initiative Do Not Require Two-Thirds Supermajority Vote.

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Another court of appeal has held that local special taxes adopted by a citizen-sponsored initiative do not require two-thirds voter approval. City of Fresno v. Fresno Building Healthy Communities, No. F080264. (5th Dist.,...more

Perkins Coie

Coastal Commission Order to Homeowners to Remove Seawall and Pay $1 Million Fine Upheld

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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

Sheppard Mullin Richter & Hampton LLP

NY Court of Appeals Decides Who Gets Access to Required “Open Space”

This past week, in a 4 to 3 decision, New York’s highest court – the Court of Appeals – decided an important New York City land use question regarding how “open space” is accessed by residents on a zoning lot with multiple...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Industrial Waste Landfill/Nonconforming Use: Minnesota Appellate Court Addresses Whether "Maintenance" Constitutes "Use"

The Court of Appeals of Minnesota (“Court”) in a December 7th Opinion addressed a zoning issue associated with an industrial waste landfill. See AIM Development (USA), LLC v. City of Sartell, 2020 WL 7134863...more

Perkins Coie

Fifth District Holds Defects in EIR’s Air Quality Impact Analysis Require Decertification of Entire EIR

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On remand from the California Supreme Court’s decision in Sierra Club v. County of Fresno, 6 Cal.5th 502 (2018) (“Friant Ranch I”), a court of appeal has held that CEQA requires full decertification – not partial...more

Perkins Coie

Violation of Zoning Ordinance Limiting Medical Marijuana Cultivation Did Not Justify Seizure of Dispensary’s Medical Marijuana

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The Sixth District Court of Appeal held that a medical marijuana dispensary could recover its marijuana plants seized by law enforcement, finding that violation of the ordinance did not render medical marijuana plants...more

Best Best & Krieger LLP

Determining a “Super Majority” When Council Members are Missing

California Appellate Court Looks to Local Ordinance’s Intention for Determination - In determining what makes a “super majority” of a governing body, a California appellate court said the entire number of seats on the body...more

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