News & Analysis as of

Zoning Laws Appeals CA Supreme Court

Perkins Coie

Pre-1972 Conveyance of Multiple Lots Did Not Create Separate Legal Parcels Under Map Act

Perkins Coie on

Under the Subdivision Map Act, the creation of legal parcels prior to 1972 requires more than a deed referencing multiple lots—only a conveyance that separates a portion of land from contiguous property creates a new legal...more

Perkins Coie

CEQA Year in Review 2019

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

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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

Perkins Coie

Zoning Ordinance Adopted To Make Zoning Consistent With General Plan May Be Rejected By Referendum

Perkins Coie on

The California Supreme Court has resolved a split among the courts of appeal, concluding that citizens may bring a referendum to challenge a zoning ordinance even if the referendum would temporarily leave in place zoning...more

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

Holland & Knight LLP on

• 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

Allen Matkins

California Supreme Court Upholds Referendum Challenges to Zoning Amendments, Even When Temporary Zoning Inconsistencies Ensue

Allen Matkins on

The California Supreme Court held last week that a referendum petition may be used to challenge a zoning ordinance amendment intended to make a city's zoning consistent with its general plan. In City of Morgan Hill v. Bushey...more

Perkins Coie

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

Perkins Coie on

A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov’t Code Section 65860, according to...more

Nossaman LLP

Judge Should Consider Constitutionality of a Dedication Requirement, Not the Jury

Nossaman LLP on

Every year or so, a new appellate court decision comes out addressing the proper role of the judge versus the jury on some certain eminent domain issue. Most recently, a trial court, appellate court and the California Supreme...more

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