Searching Content indexed under Land Law & Agriculture by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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California Housing Legislation (2017-2018)
State lawmakers passed over 1,200 bills this year, the most in more than a decade according to sources.
United States
8 Oct 2018
State Lands Commission Land Exchanges Not Exempt From CEQA Review Absent A Title Or Boundary Dispute; Actual Notice Doesn't Satisfy CEQA Notice Requirements Under Public Resources Code Section 21177(e)
The 8 Washington Street project is a proposed mixed use development along the San Francisco waterfront near the San Francisco Ferry Building.
United States
30 Sep 2015
When It Comes To Crop Insurance, The FCA Bears Fruit
The federal crop insurance program is an often overlooked area of potential liability under the False Claims Act ("FCA").
United States
5 May 2015
California Supreme Court To Review Denial Of Homeowner’s Private Beach Access
In the case of Lynch v. California Coastal Commission (D064120; Cal.App.4th 658; San Diego Superior Court; 37-2011-00058666-CU-WM-NC), the California Supreme Court has granted a petition for review of the decision by the Fourth Appellate District (Division One) upholding a prior decision in which the California Coastal Commission denied bluff-top homeowners’ petition for a coastal development permit to reconstruct a seawall and access stairs that would provide the homeowners with private beach a
United States
6 Jan 2015
Interior’s "Carcieri" Opinion Means More Diligence For Trust Land Development Projects
The Office of the Solicitor of the Department of the Interior has issued a legal opinion interpreting the statutory phrase "under federal jurisdiction".
United States
20 Mar 2014
Substantial Evidence Test Applies To Decision Not To Require Additional EIR
In Latinos Unidos de Napa v. City of Napa (1st Dist., Div. 1, 10/10/13, A134959), ___ Cal.App.4th ___, 2013, the court of appeal found no abuse of discretion in the City of Napa’s approval of revisions to the housing element of its general plan, and related general plan and zoning amendments, despite plaintiff’s argument that an environmental impact report was required.
United States
9 Dec 2013
Zoning Director Approval Triggers Section 65009 Statute Of Limitations
A letter of approval finding a project consistent with a City’s Master Development Plan triggers the running of the 90-day statute of limitations under Government Code subsection 65009(c)(1)(E), the Third District Court of Appeal has held.
United States
6 Dec 2012
City May Adopt Housing Element Revisions Inconsistent With General Plan If City Also Adopts Timeline To Correct Inconsistencies
Recently, the Fourth District Court of Appeal in Friends of Aviara v. City of Carlsbad affirmed the trial court’s judgment directing the City of Carlsbad to adopt a timeline for proposed changes to its general plan that would correct inconsistencies created by the City’s revision of its housing element.
United States
6 Dec 2012
The Amorphous "Unusual Circumstances" Exception To CEQA's Categorical Exemption Strikes Again
The recent Voices for Rural Living v. El Dorado Irrigation District case from the California Court of Appeal’s Third District applied the "unusual circumstances" exception to overturn a categorical exemption used to approve a water supply memorandum of understanding (MOU) for an existing Native American casino.
United States
1 Nov 2012
Appeals Court Reaffirms That Non-Prejudicial Planning And Zoning Code And CEQA Errors Cannot Serve As Basis For Overturning City Approval
On July 31, 2012, the California Court of Appeal for the Fourth District held that the trial court erred in invalidating the City of Rialto’s (the "City") approval of a 230,000 square foot commercial retail center to be anchored by a 24-hour Wal-Mart "Supercenter," despite numerous procedural errors in the approval process because the plaintiff made no attempt to show, and the trial court did not find, that those errors resulted in prejudice or substantial injury, or that a different result was
United States
14 Aug 2012
Federal Government's Eminent Domain Power Trumps California's Sovereign Public Trust Title
The United States condemned tide and submerged lands leased by the Port of San Diego to the U.S. Navy.
United States
25 Jul 2012
Impacts On Required Public Services Not An Environmental Impact; No Mitigation Required
The Court of Appeal held that potential adverse impacts on required public services are not environmental impacts under CEQA requiring mitigation by the project proponent.
United States
17 Jul 2012
River Segment Must Be Navigable In Fact For Commercial Purposes At Statehood For State To Obtain Title To Riverbed Under The Equal Footing Doctrine
Two weeks ago, the United States Supreme Court issued its decision in PPL Montana v. Montana. The Court held that the Supreme Court of Montana had incorrectly determined that certain segments of the Upper Missouri, Madison, and Clark Fork Rivers were "navigable" at the time of statehood.
United States
9 Mar 2012
Tiered EIR Must Be Prepared Where Program EIR Provides Insufficient Guidance On Discretionary Choices
Plaintiffs and Appellants, led by the Center for Sierra Nevada Conservation (Sierra Nevada), challenged the County of El Dorado’s adoption of an oak woodland management plan and mitigation fee program (the Woodland Plan) without an environmental impact report.
United States
27 Feb 2012
Decision To Deny A Zoning Change Subject To 90-Day Statute Of Limitation
An action challenging a legislative body’s decision to deny a zone change is subject to a 90-day limitation period set forth in section 65009(c) of the California Planning and Zoning Law (Cal. Gov. Code §§ 65000 et seq.).
United States
27 Feb 2012
CEQA Trumps Surplus Lands Act; Lead Agency Must Respond to All Comments Regardless Of Merit
A lead agency must consider and respond to all comments that raise significant environmental issues prior to certifying a final environmental impact report (FEIR) even if the required mitigation measures might have rendered the comment moot or modifying the project in response to the comments might have made the project infeasible.
United States
9 Feb 2012
Map Act 90-Day Statute Of Limitations Applies To Ordinances Adopted Under Authority Of The Act
Plaintiffs were owners of condominium units designated "Below Market Rate" ("BMR") under the BMR Condominium Conversion Program created by the City and County of San Francisco ("City") under the authority of the Subdivision Map Act ("SMA").
United States
12 Jan 2012
Court Upholds Medical Campus Expansion, Provides Guidance On Using Future Traffic Projections To Analyze Traffic Impacts
The 6th District Court of Appeal recently denied a challenge to the proposed expansion of a medical complex in the City of Sunnyvale.
United States
16 Dec 2011
Update On Redevelopment Law: Litigation Proceeds - Uncertainty Continues
True to their promise, the California Redevelopment Association, or CRA, and the California League of Cities, or CLC, petitioned the California Supreme Court on July 15, 2011.
United States
12 Oct 2011
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