On March 7, 2019, the Fourth District Court of Appeal published Southcott v. Julian-Cuyamaca Fire Protection District, __ Cal.App.5th __ (Case No. D074324) (2019), another in a long line of cases addressing the limitations on the scope of the constitutional
Land Use Developments
The Land Use Developments blog, published by Miller Starr Regalia, focuses on legal issues surrounding real estate development and land use in California. It covers topics such as housing project approvals, challenges under the Housing Accountability Act, California Environmental Quality Act litigation, zoning and planning law compliance, and local government permitting processes. The blog discusses significant cases involving affordable housing projects, legislative updates affecting land use and housing development, and strategies to navigate regulatory and litigation challenges in real estate development. It also addresses the impact of local opposition groups and legal mechanisms to promote housing production.
Latest from Land Use Developments - Page 7
Caltrans’ Acceptance of Offer of Dedication by Physical Occupation Does Not Lead to Takings Liability
Takings cases involving transportation agencies such as Caltrans typically involve physical occupations of land under the law of eminent domain. In a twist on such physical occupation, in a case originally filed on December 12, 2018, and published January 11,…
“Housing Crisis Act” Introduced to Impose Substantial Limits on Local Land Use and Zoning Controls and Expedite Housing Production in High-Cost Regions
Declaring there to be a statewide housing emergency, California state Senator Nancy Skinner (D-Berkeley) introduced Senate Bill 330, on February 19, 2019, to suspend certain regulatory restrictions on the development of new housing and to expedite the permitting of…
Court Rejects Citizens Group’s Challenge to Venice Development Permitting Process
“Out here, due process is a bullet!” – John Wayne
As a general principle, the federal and state constitutions prohibit governmental entities from depriving persons of property without due process of law. But as the Second District Court of Appeal…
Attorney General Confirms Cities’ Freedom from County Zoning Regulations
On December 6, 2018, the California Attorney General issued an opinion (No. 14-403) in response to a request from Mendocino County Counsel Katherine L. Elliott to address three questions regarding the balance of land use regulatory authority between…
Court Invalidates School District’s Fee on New Residential Development
In a decision filed December 4, 2018 and published December 20, 2018, the Sixth District Court of Appeal, in SummerHill Winchester LLC v. Campbell Union School District, __ Cal.App.5th __ (2018) (Case No. H043253), affirmed a trial court decision invalidating…
“More HOMES Act” Introduced to Facilitate Housing Near Existing Public Transportation and Job-Rich Communities
California State Senator Scott Wiener is taking another whack at seriously addressing the state’s housing supply crisis with a bill that would create new state zoning requirements for high-density residential development near certain high-quality public transit. And this time the…
Second General Plan Consistency Challenge to Re-Approval of Wal-Mart Expansion Project Fails on Procedural Grounds
On September 26, 2018, the First District Court of Appeal partially published Atwell v. City of Rohnert Park, __ Cal.App.5th __ (2018) (Case Nos. A151896, A153011), a decision originally filed on September 18, 2018, addressing important procedural defenses in connection…
Court Rules in Favor of Coastal Commission and City in Constitutional Challenge to Land Use Plan Amendments
On October 17, 2018, in Beach and Bluff Conservancy v. City of Solana Beach, __ Cal.App.5th __ (2018) (Case No. D072304), the Fourth District Court of Appeal ruled against a coastal property owner’s group in its facial challenge to amendments…
Court Denies NIMBY Challenge to West Los Angeles Mixed-Use Project
On October 1, 2018, in Westsiders Opposed to Overdevelopment v. City of Los Angeles, __ Cal.App.5th __ (2018) (Case No. B285458), the Second District Court of Appeal denied an appeal challenging the City of Los Angeles’ approval of the Martin…