Miller Starr Regalia

Remedial Legal Logic: Fifth District Doubles Down On Split with Other Districts in Holding CEQA Doesn’t Allow Limited Writ Remedy of Partial EIR Decertification – But Does It Really Matter?

By Arthur F. Coon

November 29, 2020

“The life of the law has not been logic: it has been experience.” – Oliver Wendell Holmes, Jr., The Common Law (1881) “CEQA discourse has become increasingly abstract, almost medieval in its scholasticism.” – former California Governor Edmund G. (“Jerry”) Brown, Jr. by Arthur F. Coon On November 24, 2020, the Fifth District Court of Appeal filed its partially published opinion in the latest installment of the long-running CEQA litigation over Fresno County’s approval of…

Land Use Developments

Supreme Court Decides to Hear Important Property Rights Case Addressing Whether Time-Limited Easements Are a Physical Taking Under Per Se Rules

By Bryan W. Wenter, AICP

November 16, 2020

On November 13, 2020, the U.S. Supreme Court issued an order granting certiorari in Cedar Point Nursery v. Hassid. The question presented in the successful cert petition is “whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment.”…

CEQA Developments

A “Fare” Shake? Ninth Circuit Affirms Judgment On the Pleadings for San Francisco In Removed Action Challenging SFMTA’s 2018 Taxi Regulations, Remands for Consideration of Whether to Grant Plaintiffs Leave to Amend CEQA Claim

By Arthur F. Coon

November 11, 2020

On November 9, 2020, the United States Court of Appeals for the Ninth Circuit issued a published opinion affirming a judgment on the pleadings, granted by Northern District Presiding Judge William Alsup, in a removed action filed by a group of taxicab drivers and companies against the City of San Francisco. San Francisco Taxi Coalition, et al. v. City and County of San Francisco, et al. (9th Cir. 2020) ___ F.3d ___. The action challenged…

CEQA Developments

Closing the “Golden Door”: California Supreme Court Denies Petitions for Review and Depublication Request in CEQA Administrative Record Case

By Arthur F. Coon

November 10, 2020

On November 10, 2020, the California Supreme Court – after briefly raising Petitioners’ hopes by extending the time to consider granting review – finally slammed the door shut on further litigation over a recent Fourth District Court of Appeal decision, issuing an order denying the three petitions for review filed by the parties, as well as a request for depublication filed by non-party City of Los Angeles. Golden Door Properties v. S.C (County of San…

Land Use Developments

School District Not Required to Evaluate Impact of Private University Housing Project Before Imposing Impact Fees

By Bryan W. Wenter, AICP

November 9, 2020

On November 5, 2020, in AMCAL Chico LLC v. Chico Unified School District, __ Cal.App.5th __ (2020) (Case No. C087700), a case involving the Chico Unified School District’s imposition of school impact fees on a dormitory complex to house unmarried Chico State University students, the Third District Court of Appeal affirmed a trial court decision rejecting a developer’s suit seeking a refund of the fees.…

CEQA Developments

Keeping the “Golden Door” Cracked Open: California Supreme Court Extends Period to Consider Review of CEQA Administrative Record Case

By Arthur F. Coon

October 26, 2020

On October 23, 2020, the California Supreme Court issued an order extending until December 7, 2020, or the date upon which review is either granted or denied, the time for granting or denying review in Golden Door Properties, LLC, et. al. v. Superior Court (County of San Diego et. al., Real Parties in Interest) (4th Dist. 2020) ___ Cal.App.5th ___. The Court of Appeal’s decision, originally published on July 30, and modified upon denial of rehearing on August 25,…

Land Use Developments

Ninth Circuit to Supreme Court: Pound Sand

By Bryan W. Wenter, AICP

October 16, 2020

The Ninth Circuit Court of Appeals, which has federal appellate jurisdiction over a major portion of the western U.S., has something of a reputation as the most overturned federal appeals court circuit. While the truth of that is a mixed bag, an October 13, 2020 order in an important property rights case looks to be a worthy candidate for both a petition for writ of certiorari, a grant of cert by the U.S. Supreme…

CEQA Developments

Governor Extends Conditional Suspension of Requirements Related to Posting CEQA Notices with County Clerks

By Arthur F. Coon & Arielle Harris

October 12, 2020

In late September, Governor Newsom signed Executive Order N-80-20 (“EO 80-20”), which, among other things, extends the protections of a handful of previously issued executive orders related to COVID-19. As relevant to CEQA practitioners, EO 80-20 extends the previous suspension of CEQA’s requirements for filing of specified notices with the county clerk and the posting of such notices in the county clerk’s office.…

Land Use Developments

What Might Supreme Court Nominee Amy Coney Barrett Mean to Property Rights?

By Bryan W. Wenter, AICP

October 5, 2020

Judge Amy Coney Barrett was nominated, for a reason, to replace the late Justice Ruth Bader Ginsburg as an Associate U.S. Supreme Court Justice. As other commenters have noted, a Justice Barrett is expected to move the Court to the right on a wide range of issues, including health care, gun control, and abortion. But what is far less clear at this point is how a Justice Barrett would influence or alter the Court’s property…

CEQA Developments

Miller Starr Regalia Attorneys Speaking at Upcoming CEQA and Land Use Programs in November

By Arthur F. Coon & Arielle Harris

October 1, 2020

During the month of November, Miller Starr Regalia land use attorneys will be providing updates on housing, land use, and CEQA at three upcoming virtual programs.…

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Remedial Legal Logic: Fifth District Doubles Down On Split with Other Districts in Holding CEQA Doesn’t Allow Limited Writ Remedy of Partial EIR Decertification – But Does It Really Matter?

Supreme Court Decides to Hear Important Property Rights Case Addressing Whether Time-Limited Easements Are a Physical Taking Under Per Se Rules

A “Fare” Shake? Ninth Circuit Affirms Judgment On the Pleadings for San Francisco In Removed Action Challenging SFMTA’s 2018 Taxi Regulations, Remands for Consideration of Whether to Grant Plaintiffs Leave to Amend CEQA Claim

Closing the “Golden Door”: California Supreme Court Denies Petitions for Review and Depublication Request in CEQA Administrative Record Case

School District Not Required to Evaluate Impact of Private University Housing Project Before Imposing Impact Fees

Keeping the “Golden Door” Cracked Open: California Supreme Court Extends Period to Consider Review of CEQA Administrative Record Case

Ninth Circuit to Supreme Court: Pound Sand

Governor Extends Conditional Suspension of Requirements Related to Posting CEQA Notices with County Clerks

What Might Supreme Court Nominee Amy Coney Barrett Mean to Property Rights?

Miller Starr Regalia Attorneys Speaking at Upcoming CEQA and Land Use Programs in November

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