On January 25, 2023, the California Supreme Court extended to March 3, 2023 its time to grant or deny review of the Second District Court of Appeal’s published opinion in G.I. Industries v. City of Thousand Oaks (2022) 84 Cal.App.5th 814. My October 31, 2022 post on the Court of Appeal’s opinion, and my follow-up December 5, 2022 post on its modified opinion on denial of rehearing can be found here and here.
Following CSAC’s and Solano County’s earlier depublication requests, the County of Sonoma filed a depublication request letter on December 30, 2022; a copy of that letter, which powerfully criticized the opinion as judicial legislation disregarding well-established CEQA procedures, can be found here. On January 17, 2023, the League of California Cities submitted an amicus curiae letter urging review by the Supreme Court to resolve the ambiguities in and uncertainties created by the Opinion, and to provide clear guidance for cities and other local agencies seeking to comply with the Brown Act and CEQA when acting on CEQA-exempt projects; that amicus letter can be found here.
We will continue to follow developments in this important case with interest.
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 fifty years. For nearly all that time, the firm also has written Miller & Starr, California Real Estate 3d, 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, construction, management, title insurance, environmental law, and redevelopment and land use. For more information, visit www.msrlegal.com.