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Supreme Court Depublishes Quirky Fourth District CEQA/General Plan Decision

By Arthur F. Coon on August 26, 2016
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On August 17, 2016, the California Supreme Court ordered the Fourth District’s opinion in People for Proper Planning v. City of Palm Springs (2016) 247 Cal.App.4th 640 to be depublished, rendering it unciteable and of no precedential effect.  I posted two previous blog entries on the Court of Appeal’s original decision and its subsequent modification.  My first post opined that the decision reached the correct result, but appeared “to misstate applicable review standards, overlook relevant case authorities, and mix and muddle land use planning law concepts with CEQA rules for assessing physical environmental impacts in a way that blurs important analytical distinctions.”  Apparently thinking along similar lines, the Supreme Court appropriately chose to exercise its depublication power, thereby eliminating these concerns with the opinion’s questionable and quirky reasoning, while preserving its result.

 

Questions? Please contact Arthur F. Coon of Miller Starr Regalia. Miller Starr Regalia has had a well-established reputation as a leading real estate law firm for more than fifty years. For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. “The Book” is the most widely used and judicially recognized real estate treatise in California and is cited by practicing attorneys and courts throughout the state. The firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, financing, common interest development, construction, management, eminent domain and inverse condemnation, title insurance, environmental law and land use. For more information, visit www.msrlegal.com.

Photo of Arthur F. Coon Arthur F. Coon

Arthur F. Coon is Chair Emeritus of Miller Starr Regalia’s Land Use Practice Group and Chair of its Appellate Practice Group. Art has distinguished himself over a more than 35-year career as a top CEQA and land use law litigator at the…

Arthur F. Coon is Chair Emeritus of Miller Starr Regalia’s Land Use Practice Group and Chair of its Appellate Practice Group. Art has distinguished himself over a more than 35-year career as a top CEQA and land use law litigator at the trial and appellate levels of both federal and state courts, including an appearance as counsel of record before the U.S. Supreme Court. His areas of expertise include land use, environmental law, the law of public agencies, extraordinary writs, and the California Environmental Quality Act (CEQA).

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  • Posted in:
    Environmental and Climate
  • Blog:
    CEQA Developments
  • Organization:
    Miller Starr Regalia
  • Article: View Original Source

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